The Waldorf Frommer lawyers are currently again issuing warning letters on behalf of Sony Music Entertainment Germany GmbH. We have received cease-and-desist letters in which the lawyers are asserting claims for copyright infringements allegedly committed via the internet connection in the work "If A Song Could Get Me You, Marit Larsen (Album)".
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 € 956.00 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 warning letter for alleged copyright infringement on the internet, you should not submit the requested cease and desist declaration and/or make the demanded payment without prior legal review.
As a cease and desist declaration submitted by you is legally binding for 30 years, it is imperative to seek legal review before submission to ascertain whether, and if so, to what extent and in what form, you are obligated to issue such a declaration. Furthermore, the assertion within the warning letter that the account holder is invariably liable for the actions of third parties conducted via their internet connection, under all circumstances, is inaccurate as presented in these warning letters.
Therefore, prior to submitting a cease and desist declaration subject to penalty and/or contacting the issuing attorneys, you should always consult with a specialist lawyer in this field of law. Our extensive legal experience has demonstrated that obtaining legal advice upon receipt of a warning letter is consistently necessary and prudent to mitigate potential legal disadvantages.
Leveraging our qualifications and extensive experience, we have been advising numerous clients in the field of copyright law/filesharing for several years. We are also prepared to provide legal counsel and representation in both out-of-court and judicial proceedings.
For initial information, we provide our complimentary information text on filesharing on our homepage. You may directly contact our specialist lawyers at 0202-450036 or via info@goldberg.de.
Attorney-at-Law Michael Ullrich, LL.M. (Information Law)
Specialist Lawyer for Information Technology Law (IT Law)
