The flood of file sharing warnings due to copyright infringements and file sharing continues unabated. Many people are unexpectedly confronted with warnings from lawyers without any knowledge of file sharing. In such cases, it is important to contact an experienced copyright lawyer within the set deadlines.
Do I have to respond to a rejection?
There is advice circulating on the Internet not to respond to warning letters. However, this can have serious consequences. A specialized lawyer can legally assess the situation and take appropriate measures to protect your interests. Otherwise, you could face further legal action and additional costs.
Do I have to have a warning letter legally checked?
Warned parties often feel overwhelmed by the warning and make statements or payments without checking the legal situation. It is important to understand that the claims listed in warning letters are not always accurate and correct. A thorough legal examination by a specialized lawyer is essential before you make any declarations or payments. If you have received a warning letter, stay calm! Make a note of the deadline set in the warning letter. Do not sign a cease-and-desist declaration without checking it and/or do not pay anything to the lawyers issuing the warning. Seek advice from a specialist lawyer for industrial property rights or a specialist lawyer for copyright and media law.
Why is it important to have a warning letter checked by a lawyer?
Pre-formulated cease-and-desist declarations are often too far-reaching or contain excessive contractual penalties. In addition, many of the allegations in cease-and-desist letters are not legally correct. An experienced lawyer can help you to deal with the warning letter appropriately and avoid unnecessary costs.
Is file sharing a criminal offense?
In principle, file sharing is not illegal and is permitted. You are only not allowed to reproduce copyrighted works via file sharing, in particular not to make them publicly accessible. If you do so, this behavior is relevant under criminal law (§§ 106, 108a UrhG). Works protected by copyright generally include films, music, audio books, series, e-books, software and video games.
Conclusion
If you receive a warning letter due to file sharing / a warning letter due to copyright infringement, it is advisable to consult a specialized lawyer immediately. Professional advice can help you to clarify the situation and avoid legal consequences. Avoid not reacting to the warning letter or hastily submitting cease-and-desist declarations. Competent out-of-court advice can prevent the high costs of legal proceedings.
Further information is also available HERE.
Contact us
In recent years, we have represented numerous clients against almost all law firms issuing cease-and-desist letters. We are also at your disposal to answer your questions and provide you with comprehensive advice.
