Does a rights holder have to prove their authorship as early as the warning letter—and when does the recipient of the warning face a risk of incurring costs? The Regional Court of Frankfurt am Main addressed this question (Regional Court of Frankfurt, Order of March 10, 2026 – 2-06 O 41/26).
No requirement to provide evidence in the warning letter
Under copyright law, the general rule is that a cease-and-desist letter is effective as long as the claim is presented in a convincing manner. As a rule, there is no obligation to submit evidence of standing (e.g., proof of authorship) prior to litigation.
Only if the party receiving the warning expresses specific and reasonable doubts may a duty to provide evidence arise in a particular case.
Those who have received a warning must act consistently
The court emphasizes a key distinction: anyone who, in the context of a cease-and-desist letter, demands proof of authorship but at the same time rejects admissible evidence is acting inconsistently.
In the case at hand, the affidavit was specifically rejected—even though it is a recognized means of establishing a prima facie case in proceedings for preliminary relief (Section 294 of the German Code of Civil Procedure).
The court's assessment: Such conduct indicates that there is no serious interest in resolving the matter.
The Cost Trap of Section 93 of the German Code of Civil Procedure (ZPO): The Basis for the Lawsuit Is Decisive
The financial implications are particularly relevant in practice:
- The recipient of the warning did not issue a cease-and-desist declaration until the court proceedings began.
- He was required to pay the costs of the expedited proceedings.
Reason: His conduct had provided grounds for initiating the proceedings.
Why You Should Hire a Specialized Attorney If You Receive a Cease-and-Desist Letter
For those who have received a warning letter
You should never respond to a cease-and-desist letter without first reviewing it.
- You face high costs and long-term obligations (cease-and-desist declaration).
- Declarations are legally binding.
- Errors can lead to legal proceedings and unnecessary costs.
A specialized attorney reviews:
- The validity of the warning letter
- Possible defense strategies
- and formulates a legally sound response
For Rights Holders
Legal expertise is also crucial on the part of the party issuing the warning:
- Only a properly issued warning letter can prevent future disadvantages
- Errors may result in costs not being reimbursed
- Errors may result in having to reimburse the other party's costs
- A strategically sound structure can prevent litigation
A specialized attorney ensures:
- Legally sound wording
- Tactically sound enforcement of claims
- Minimizing cost risks
Bottom line: When dealing with a copyright warning letter, there are many mistakes you can make
The decision shows that in warning letter proceedings, it is not only the legal situation that matters, but also a well-thought-out and consistent approach.
Both recipients of cease-and-desist letters and rights holders should therefore seek specialized legal assistance at an early stage to avoid risks and effectively assert their position.
