What are the consequences of copyright infringement?
October 9, 2023 | 40,00 EUR | answered by Verena Friedendahl
Dear lawyer,
I hope you can help me with my concern. My name is Tatiana Endres and I run a small online shop where I sell self-designed products. Recently, I was contacted by another online retailer who claims that one of my designs infringes on copyright and he wants to take legal action against me.
I am very concerned about the possible consequences of a copyright infringement and wonder what could happen to me. Could there be financial penalties? Do I have to remove the design from my inventory? And how can I protect myself from such accusations in the future?
I designed the product myself and was confident that it did not contain any protected elements. However, I am now uncertain and would like to know what steps I should take next to protect myself from legal consequences.
I thank you in advance for your help and look forward to your assessment of my situation.
Sincerely,
Tatiana Endres
Dear Mrs. Endres,
Thank you for your inquiry regarding the copyright infringement in your online shop. It is understandable that you are concerned about the potential consequences, and I will try to assist you in this situation.
Firstly, it is important to understand that copyright law regulates the protection of intellectual property to ensure that creatives are appropriately compensated for their work and that the rights to their works are protected. So if you have created a design, it automatically falls under copyright, even if you have not explicitly registered it.
Regarding the allegations from the other online retailer, it is important to clarify whether your design actually constitutes a copyright infringement. There may be similarities with an already protected design that could lead to confusion. In this case, legal action could be taken against you, resulting in financial penalties.
To protect yourself from such accusations, it is advisable to conduct comprehensive research before publishing a design to ensure that it does not contain any protected elements. You may also consider officially registering your design with the German Patent and Trademark Office to strengthen your copyright protection.
Regarding the current allegations, I recommend contacting the other online retailer and seeking a resolution before legal action is taken. It may be a misunderstanding that can be resolved through clear communication. However, if legal consequences arise, it is advisable to seek representation from a specialized copyright lawyer.
I hope this information helps you and wish you success in resolving this situation. If you have any further questions, I am happy to assist.
Sincerely,
Verena Friedendahl, Attorney at Law
