Warnings in food photography: Marion's cookbook
Warnings in food photography: Marion's cookbook
We are currently receiving further inquiries Cease and desist letters for copyright infringements, which are being sent on behalf of Folkert Knieper, the operator of Marion's Cookbook. Several law firms have been involved in the past, including:
- Dr. Lohsin & Partner (Bremen)
- Cyfire Law Firm (Frankfurt)
- Pöpken Santjer Bischoff Law Firm (Helsinki)
- Albrecht Legal Law Firm (Hamburg)
The cease-and-desist letters regularly concern food photography. Specifically, they address the use of images and photos. The letters include a printed copy of the image and a declaration of discontinuance. Violations are targeted on social media platforms like Facebook and on websites. This often involves content published on websites by third parties. The sums demanded are frequently in the four-figure range.
If you receive a cease and desist letter, it's important to respond prudently to protect your rights and avoid unnecessary costs. Here are some important steps to follow:
- keep Calm: Don't let the often short deadlines and threatening statements in the warning letter put you off.
- Check the warning carefullyEnsure that the warning letter is justified and meets all formal requirements. In particular, it should be checked whether the warning letter is legally based.
- Meet deadlines: Make sure you meet all deadlines to avoid legal disadvantages.
- No hasty actions: Do not sign the cease and desist letter immediately or make any payments without first seeking legal advice.
- Seek legal advice: Consult a specialized lawyer to clarify whether the claims are justified.
- Keep documentation: Keep all documents and communications related to the warning.
- Check agreementIf the warning is justified, your lawyer can try to find a cost-effective solution and avoid legal proceedings.
Take early Contact to a specialized law firm to secure your legal position
FAQs – Frequently Asked Questions about Cease and Desist Letters Regarding Food Photography
Why are food photographers being subjected to cease and desist letters?
Food photographs are copyrighted works. Using images on websites or social networks without the appropriate usage rights can result in a cease and desist letter.
Who is Folkert Knieper and what is Marion's cookbook?
Folkert Knieper is the operator of "Marion's Cookbook". In the past, cease and desist letters have been issued on his behalf for the unauthorized use of food photographs.
What content is affected by the cease-and-desist letters?
The issue often involves photos of dishes that have been used on websites, blogs, or social media profiles without a sufficient license.
What demands does such a warning letter contain?
Typically, a cease-and-desist declaration is demanded, along with payment of damages and legal fees. These amounts often reach four figures.
Do I have to sign the enclosed cease and desist declaration?
No. The pre-formulated cease and desist declaration should not be signed without review, as it may contain long-term legal obligations.
What should I do first after receiving a warning letter?
Stay calm, meet deadlines, and carefully review the warning letter. Avoid making hasty payments or statements.
Is every warning letter automatically justified?
No. Whether a cease-and-desist letter is justified depends, among other things, on whether there has actually been a copyright infringement and whether the sender of the letter is authorized to assert their rights.
What role does a lawyer play in a cease and desist letter?
A specialized lawyer can check whether the warning letter is legally valid, assess the demands and, if necessary, draw up a modified cease and desist declaration.
Could an out-of-court settlement be a sensible option?
Yes. In many cases, an out-of-court settlement can help reduce costs and avoid litigation.
How can I avoid future warnings?
Only use images for which you can prove you have the necessary usage rights, or use royalty-free or self-created photographs.
About the author
Anne-Kathrin Renz
Anne-Kathrin Renz is a lawyer, data protection officer, and lecturer. She completed the theoretical part of her specialist lawyer training in intellectual property law and IT law. In her blog, she reports on current topics from the digital world of law.
English 
German 
French