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Copyright infringement & cease-and-desist demands

Deutsche Fassung

Preserve evidence, check deadlines and assess injunction, information and damages claims separately.

German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.

Legal framework

A sound claim starts with the protected subject matter, the claimant’s rights and the actual use. Licences, exceptions and other defences must be considered. Under section 97(2) of the German Copyright Act, damages require intentional or negligent conduct; an injunction must be assessed separately.

Practical guidance

Depending on the case, damages may be calculated by reference to actual loss, attributable infringer profits or a reasonable hypothetical licence fee. These methods cannot simply be added together for the same loss. A claimant’s price list is not automatically decisive. Both liability and the calculation require supporting facts.

Do not ignore a demand or sign an undertaking without reviewing its scope. Contractual penalties can create long-term exposure. Preserve evidence before changing a publication and identify other copies or channels you control. A settlement should distinguish past claims, costs, information, future use and any licence. The measures needed to comply depend on the specific obligation.

Practical examples

These fictional examples illustrate common issues; they are not accounts of particular client matters.

Example 1

Demand despite a licence

A company finds its original purchase record after receiving a warning. Compare the asset, licensee, period and permitted media with the challenged use. A receipt alone may not prove the necessary scope.

Example 2

Competitor copies website text

A business discovers substantial passages on another site. Preserve authorship records and the copied material, then distinguish individual expression from ordinary industry wording.

Example 3

Penalty for an old product page

An image remains on another page after an undertaking. Assess the wording, responsibility and continued use. A systematic review of controlled publication channels is needed to prevent recurrence.

Frequently asked questions

Does deleting the material resolve the demand?

Not necessarily. Removal may stop use without automatically eliminating repeat-infringement concerns, monetary claims or information duties.

Must every licence fee demanded be paid?

No. Entitlement, use, fault and the amount claimed need individual assessment.

Preparing for advice

01 · Your objective

Explain the intended use or dispute, the parties, countries and any deadlines.

02 · Your documents

Gather agreements, licence terms, drafts, evidence of use and relevant correspondence.

03 · Next steps

We agree the scope and fees, then assess the permissions, contractual changes or proceedings required.

Related topics

Photographs, image rights & stock licences · Copyright licences & exploitation rights · Copyright litigation & international disputes

Advice from German specialist lawyers

Michael Horak and Julia Ziegeler are German-certified specialist lawyers in copyright and media law. Hanover is our headquarters. We advise at our offices and by video conference. Meet the team · Contact us in English.

Legal reference: German Copyright Act (official German text).