Abmahnung im Urheberrecht: Ansprüche bei Urheberrechtsverletzung, Rechtsanwalt David Geßner, LL.M.

A #warning letter in #copyright law is a complex matter, and numerous technical errors can occur. As specialist copyright lawyers, we specialize in issuing warning letters for #copyright infringements. We represent you if you have received a copyright warning letter or if you wish to take legal action against third parties due to a copyright infringement. You can learn more about our specialized media law firm here: https://www.rechtsanwalt-gessner-berl... You can learn more about copyright law and our services here: https://www.rechtsanwalt-gessner-berl... _____________________________________________________________________________________________________ *When does a warning letter play a role in copyright law?* A warning letter in copyright law is issued when a copyright or related right has been infringed. The following types of works are protected by copyright under the Copyright Act: 1. Language works, such as written works, speeches, and computer programs; 2. Musical works; 3. Pantomimic works, including works of dance; 4. Works of fine art, including works of architecture and applied art, and designs for such works; 5. Photographic works, including works created similarly to photographic works; 6. Film works, including works created similarly to film works; 7. Representations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables, and three-dimensional representations. Important: A personal intellectual creation is always required. Purely craft-based works are therefore not protected by copyright. __________________________________________________________________________________________________ *What are the requirements for the effectiveness of a cease and desist letter in copyright law?* The cease and desist letter must clearly and comprehensibly: 1. State the name or company name of the infringed party if the infringed party is issuing the cease and desist letter itself, but rather a representative, 2. Precisely describe the infringement, 3. Disaggregate asserted payment claims into claims for damages and reimbursement of expenses, and 4. If the cease and desist letter contains a request to submit a cease and desist undertaking, it must state whether the proposed cease and desist undertaking significantly goes beyond the infringement for which the cease and desist letter is issued. The cease and desist letter in copyright law is intended to require the infringer or infringer to submit a cease and desist declaration, subject to penalty, by which they undertake not to repeat the alleged infringement in the future. ___________________________________________________________________________________________________ *How ​​should you respond to a copyright warning letter?* 1. Stay calm 2. Keep an eye on deadlines and don't ignore them 3. Never submit a cease-and-desist letter without checking it 3. Have the warning letter reviewed by a specialist lawyer __________________________________________________________________________________________________ *Our Copyright Services* 1. Drafting and reviewing license agreements (e.g., in the areas of photo law and music law) 2. Drafting and reviewing publishing contracts 3. Representation in publishing disputes 4. Enforcement of claims for copyright infringement 5. Defense against copyright claims and warning letters 6. Litigation (preliminary injunction proceedings, lawsuits) __________________________________________________________________________ Welcome to Geßner Legal – Your Experts in Media Law! Geßner Legal is a highly specialized media law boutique operating nationwide in the areas of media law, copyright law, trademark law, competition law, sports law, and employment law. Our goal is to provide you with optimal, fast, and efficient legal advice. Therefore, we focus exclusively on these areas of law. Our dedicated team of experienced attorneys is at your side with in-depth expertise to best represent your interests. Our office is located in a prime location in the heart of Berlin, directly on Unter den Linden. 🌐 Website: https://www.gessner-legal.de 📞 Phone: +49 30 921011500 📧 Email: [email protected] 📱 Follow us on social media: YouTube:    / @der_medienanwalt   Instagram:   / der_medienanwalt   LinkedIn:   / ge%c3%9fner-legal-medienkanzlei   Twitter: https://x.com/ra_gessner Subscribe to our channel to stay up to date on the latest developments! Geßner Legal Unter den Linden 12 10117 Berlin-Mitte Enjoy my channel!