Platforms such as YouTube, PayPal and eBay offer alternative dispute resolution options. Rights holders can have copyright-infringing content blocked via YouTube's "strike procedure". The content creator concerned can object via a "counter-notification". In such cases, the rights holder must take legal action within 10 to 14 days, otherwise the video will be unblocked.
The "strike procedure" does not replace a warning letter
In proceedings before the Regional Court of Cologne (case no. 14 O 197/24), the applicant took legal action against the content creator for injunctive relief following a corresponding request from YouTube. Because the applicant did not warn him out of court beforehand and the defendant immediately acknowledged the claim for injunctive relief in the court proceedings, the applicant had to bear the costs of the proceedings (Section 93 ZPO).
The warning letter in contrast to the YouTube complaint
YouTube enables content that infringes copyrights to be blocked quickly via the "strike procedure". If the content creator accepts this blocking or clarifies the matter to the satisfaction of the rights holder by means of a "counter-notification", both sides have gone through a quick, cost-effective and, above all, successful procedure. Otherwise, the complaints procedure is merely a temporary solution with no legal effect. YouTube is not a specialized court.
A warning letter can be used as a legally effective means of preventing further infringements and demanding compensation. If the person being warned does not (sufficiently) comply with the request, they give the rights holder the necessary "cause" to file a lawsuit; an important prerequisite for not being burdened with court costs as the rights holder.
Conclusion: The warning is indispensable - and has high hurdles
Although platform complaints are effective for taking swift action, they are no substitute for a warning letter. Those who fail to do so risk the imposition of legal costs in the event of subsequent legal action - even in the event of a clear violation of the law.
Rights holders should therefore always follow up a complaint on platforms such as YouTube with a warning letter in order to effectively protect their rights. However, the warning letter must meet the legal requirements in order to have legal effect. In particular, the formulation of a cease-and-desist declaration with a penalty clause - which is often requested at the same time - often requires legal assistance.
Please contact us if you would like to take effective and legally secure action against the infringement of your rights.
