Attorney at Law for Copyright Law Saarbrücken

Request direct help from trademark attorney Anne-Kathrin Renz from Saarbrücken.

I offer comprehensive and understandable consulting services in the area of copyright law.

Copyright law is a highly specialized subject. It is therefore all the more important that you know your rights regarding the protection of your works, as well as the defense against unjustifiably asserted rights.

Consulting focuses

File sharing warnings

Have you received a file-sharing warning, a payment order, or a lawsuit? Here's how to respond:

1. File sharing: What is it?

File sharing refers to activities on Internet exchange platforms where often copyrighted files, such as audio files, videos, images, but also programs, books or other text documents are distributed and exchanged.

2. Warning: What am I accused of?

The recipients of the copyright warnings are accused of distributing (i.e., uploading) protected works via file-sharing software. It is further claimed that the rights holder has suffered (fictitious) damages, which they are now obligated to pay. In addition, they are demanding that you pay the warning fees. The rights holder claims that these are necessary to enforce their rights.

3. How can I defend myself against a copyright infringement warning?

In file sharing matters, it always depends on the specific circumstances of the individual case.

In cease-and-desist cases, liability is always referred to as the perpetrator and the infringer. The perpetrator is the person who committed the copyright infringement themselves. The infringer is the person who did not offer the data for download themselves, but rather enabled others to do so, for example, by violating their duty to provide information.

The infringer has a financial advantage: They are not liable for the damages claim, but are liable for legal and investigation costs. The infringer must also submit a cease-and-desist declaration.

4. “The subscriber is always the troublemaker!”

Wrong! The subscriber is never automatically liable as a disturber. The subscriber is, first and foremost, the person from whom the rights holder obtained the data. Therefore, the subscriber also receives the warning. However, the disturber is only liable if they have violated their obligations.

Whether a breach of duty has been committed depends on the individual circumstances. There is a wide range of case law on the following categories of cases:

  • Adult family members access the Internet connection
  • Minors access the Internet connection
  • The subscriber is in a shared apartment (WG)
  • Guests and visitors access the Internet connection
  • The Wi-Fi was hacked
  • Tenants access the internet connection
  • The subscriber operates a hotel or holiday apartment
  • The subscriber operates an Internet café

Help with photo theft

In the age of social media, no photographer can survive without advertising and presenting their work online. Unfortunately, viewers of beautifully designed portfolios and websites often see them as an invitation to use them for their own purposes. Photos are downloaded and used without a license or permission for websites, to promote their own products, or simply to enhance their own online presence.

Unfortunately, the fact that a photographer earns his living by licensing photos is often overlooked. Your rights in detail:

1. Injunction

If you discover that your photo is being used without permission, you can take legal action. You can first assert a cease-and-desist claim against the infringer. This can be enforced by issuing a warning letter, which will incur a fee. If no cease-and-desist declaration is issued, the claim can be enforced in court. This can also be done through summary proceedings.

2. Claim for damages

According to Section 97 (2) of the German Copyright Act (UrhG), the author is entitled to claim damages. There are various methods for calculating the amount. For example, the infringer's profits, lost profits, or a fictitious license may be claimed.

3. Right to information

In addition, the author is entitled to information from the infringer. This information is generally used to determine the amount of damages. The amount of damages is calculated depending on how often, over what period of time, and for what types of use a photo was used.

4. Who pays the lawyer?

In principle, the infringer is obligated to compensate the author for damages. This also includes the costs incurred by the author in pursuing his rights, namely the costs of issuing cease and desist letters.

Copyright contract law: license and usage agreements

Of course, the person who creates a work cannot transfer their copyright, because the creator always remains the author. How does that person obtain appropriate compensation? The best way is through a contractual agreement that, for example, regulates the rights of use of the work and the remuneration provided for it.

As a rule, the contract must contain a number of important elements and be drafted in such a way that there is as little room as possible for different interpretations by the contracting parties.

Important components are:

  • Regulations on the scope of the transfer of rights
  • Specification of the types of use
  • Specification of restrictions of a content-related, spatial and temporal nature
  • Regulations on the amount of remuneration
  • Clarification of liability issues
Areas of law
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    Latest news from copyright law

    Below you can read current articles on the topic of copyright law from the blog of lawyer Renz.

    Warnings in food photography: Marion's cookbook

    Warnings in food photography: Marion's cookbook

    We are currently receiving more cease-and-desist letters for copyright infringement, sent on behalf of Folkert Knieper, the operator of Marion's Cookbook. Various law firms have already been involved in the past, including Dr. Lohsin & Partner...

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