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Ask a lawyer on the topic of Copyright law

How can I avoid a warning for copyright infringement?

Dear lawyer,

My name is Ulrike Herrmann and I run a small online shop where I sell handmade products. Lately, I have heard more and more about possible copyright infringement warnings if one uses, for example, product images or texts that are protected by copyright. I am very worried because I do not want to intentionally violate copyright laws, but I am also not sure what I need to consider in order to avoid receiving a warning.

Currently, I use images from a stock photo database for my product photos and write my product descriptions myself. However, I am not certain if this may potentially infringe on copyright laws and put me at risk of a warning. I would like to know what specific steps I can take to ensure that I do not commit any copyright infringements and how I should respond in the event of a warning. Are there any specific measures I can take to protect myself from receiving a warning?

I would like to thank you in advance for your help and advice.

Sincerely,
Ulrike Herrmann

Alice Falk

Dear Mrs. Herrmann,

Thank you for your inquiry regarding copyright and potential warnings in connection with your online shop. It is understandable that you are concerned and want to ensure that you comply with all legal regulations to protect yourself from warnings.

First of all, it is positive to hear that you use images from a image database for your product photos and write your product descriptions yourself. It is important to note that both images and texts can be protected by copyright. Therefore, it is advisable to ensure that you either have the appropriate usage rights for the images or that they are license-free. If you use images from an image database, make sure to carefully review the terms of use and, if necessary, acquire a license to avoid legal issues.

Regarding your self-written product descriptions, make sure that you do not copy text passages or ideas from other people. It is important that your descriptions are original and do not infringe on the copyright of others. If in doubt, you can also run texts through a plagiarism check to make sure they have not been published elsewhere.

To protect yourself from possible warnings, I recommend regularly checking your website for copyright infringements. Make sure to use only licensed material and that your texts and images are original. In the event of a warning, it is important to remain calm and react professionally. Contact a lawyer to clarify the situation and, if necessary, issue a cease and desist declaration.

In summary, I recommend that you familiarize yourself with the applicable copyright regulations, perform regular checks of your website, and respond professionally in the event of a warning. If you have any further questions or need legal assistance, I am happy to help.

Best regards,
Alice Falk
Lawyer specializing in copyright

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