Are you a photographer and have you discovered unauthorized use of your images? Is an unauthorized third party using your photos in catalogs, newspapers, magazines, or on the Internet? Has the unauthorized user failed to name you as the originator next to your photograph or photographic work? Has a third party defaced your image through unauthorized editing? As the originator, you have the right to exclude others from using your work and to demand appropriate licensing compensation from the violating party. You also have the right to be named as the originator and normally do not have to stand by and allow the defacing of your work.
What we offer
We will examine the legal situation for you if an unauthorized third party is using your photos without asking or is using them in a non-agreed-upon manner. If there are copyright infringements, we will document them and develop a strategy for you in order to stop the violations as quickly and efficiently as possible.
Normally, enforcement is carried out initially through a warning notice in which the infringing party is required to provide a cease-and-desist declaration, information, compensatory damages, elimination of the legal infringement, and reimbursement of the attorney's fees. There are strict rules and formal regulations that must be adhered to. Failure to adhere to them may result in nullity of the warning notice.
If the recipient of the warning notice fails to give sufficient declaration to cease and desist in response to the warning notice or if said person fails to fulfill the other claims, then we will initiate the necessary steps for court proceedings. Claims in this case can be enforced in the form of a temporary injunction or a complaint.
The tracking of your copyrights and the representation in official warnings, temporary injunctions, and principal proceedings throughout Germany are part of the special strength of our law practice due to the many years of practical experience and the technical expertise of the attorneys and specialized lawyers.
Scope of service
- Examination and assessment of the technical and legal situation
- Consulting with respect to the legal options and the strategic procedure
- Out-of-court representation in warning notice proceedings
- Court enforcement before all district and regional courts in Germany by means of temporary injunctions or complaints
- Enforcement of cease-and-desist agreements by asserting contractual penalties or fines
Costs
We normally offer our services to you calculated according to the time spent at a suitable hourly rate or according to the Attorneys Compensation Act (RVG). We believe that cost transparency and cost reliability form the basis of successful cooperation. We will be happy to provide you with an estimate of the expected costs and the cost risk before taking the job.
