Copyright infringements through illegal distribution of course materials – What you should consider when receiving a warning letter

Attorney Dr. Christian Groß is currently sending warning letters for copyright infringement on behalf of the DIHK Society for Vocational Training. The individuals concerned are accused of illegally copying and offering for sale copyrighted course materials and examination papers.

Details of the allegations:

The defendants allegedly offered copyrighted documents for download via the classifieds platform (formerly eBay classifieds). These offers constitute illegal reproduction and thus violate Sections 16, 17, and 31 of the German Copyright Act (UrhG).

The DIHK has become aware of the unauthorized sales through test purchases or information from other parties who have been warned and is entitled to assert claims for damages, injunctive relief, and information.

What does the DIHK demand?

The DIHK demands a cease-and-desist declaration, reimbursement of legal fees, and damages. The total amount of these costs varies depending on the individual case, but is usually in the four-digit range.

If you have received a warning from the DIHK, it is important to respond calmly and strategically. The following steps can help you respond appropriately and legally:

1. Keep calm and keep an eye on deadlines
Avoid panicking or hasty reactions, as this could lead to adverse consequences. Note the deadlines specified in the warning letter and seek legal advice in a timely manner.

2. Thoroughly examine allegations
Ask yourself whether the copyright infringement has actually been committed. Check whether the rights holder is entitled to injunctive relief and damages.

3. Do not issue a hasty cease and desist declaration
The cease-and-desist declaration included in the warning letter is often very far-reaching and can entail long-term obligations. It may be more appropriate to submit a modified declaration – seek legal advice on this.

4. Question the amount of the claims
Make sure that the warning costs and damages claims are calculated clearly and accurately. If the claims seem unreasonably high, a reduction can be negotiated.

5. Obtain legal advice
A lawyer specializing in copyright law can help you properly assess the warning letter and formulate an appropriate response. This is especially advisable if the claims are substantial or the allegations are complex.

6. Examine possible defense strategies
If the warning is unjustified, rejecting it may be advisable. Also check whether there are any formal deficiencies in the warning that could render it invalid.

7. Consider comparative offers
It may be possible to reach a reduced payment or other agreement with the DIHK. Seek legal advice before accepting or rejecting a settlement offer.

8. Obtain a legal assessment
Contact a lawyer with the warning letter to receive a legal assessment and discuss your next steps.