FAREDS Rechtsanwaltsgesellschaft mbH is currently issuing another warning letter for MIG Film GmbH. We have received warnings in which the law firm is asserting claims for alleged copyright infringement of the work "Hyenas" via the internet connection.
The complaint is that the aforementioned work was offered via a so-called internet exchange platform and was reproduced without permission. In the warning, the clients are requested to submit a cease-and-desist declaration with a penalty clause and to pay a lump sum of € 980.00 in damages. The colleagues further state that with the payment of the aforementioned sum, all claims for reimbursement of costs and damages arising from the copyright infringement warned against are settled.
If you have received a cease-and-desist letter because of an alleged copyright infringement on the Internet, you should not issue the demanded cease-and-desist declaration and/or make the demanded payment without prior legal review.
Since a cease-and-desist declaration issued by you legally binds you for 30 years, you should always have a legal check carried out before issuing a cease-and-desist declaration as to whether and, if so, to what extent and in what form you are obliged to issue a cease-and-desist declaration. The statement within the cease-and-desist letter that the connection owner would always be liable under all circumstances for the actions of third parties via his internet connection is also incorrect in the form presented in the cease-and-desist letters.
You should therefore always seek advice from a lawyer specialising in this field of law before submitting a cease-and-desist declaration with a penalty clause and/or before contacting the lawyers issuing the cease-and-desist letter. Our years of experience as lawyers have shown that legal advice is always necessary and advisable after receiving a cease-and-desist letter in order to avoid legal disadvantages.
Due to our existing qualifications and experience, we have been advising numerous clients in the area of copyright/file sharing for several years. We are also happy to advise and represent you in and out of court.
For initial information, we provide our free information text on the subject of file sharing on our homepage. Direct contact with our specialist lawyers is possible by calling 0202-450036 and at firstname.lastname@example.org.
Michael Ullrich, LL.M.(Information Law),
Specialist lawyer for information technology law (IT law)