What are the legal steps in the event of a warning due to copyright infringement?
May 9, 2023 | 40,00 EUR | answered by Verena Friedendahl
Dear copyright lawyer,
My name is Fanni Kroll and I recently received a warning letter regarding an alleged copyright infringement. I run a small online shop where I sell handmade products. The warning letter claims that I used images from another website without having the necessary usage rights.
The situation is as follows: I used design elements from various websites to make my online shop more appealing. I assumed that I could freely use the images as they were marked as "license-free" or "free for commercial use" on different platforms. It turns out that this is not the case and I have committed a copyright infringement.
I am very concerned as I not only fear a hefty fine but also see my online shop and business at risk. I want to resolve the matter quickly and legally to avoid further consequences.
Therefore, my question to you is: What are the legal steps I should take in response to a copyright infringement warning? Are there ways to settle the matter out of court or should I expect legal consequences? I appreciate any help and support.
Best regards,
Fanni Kroll
Dear Mrs. Kroll,
I understand your concerns and would like to help you in your current situation. A warning letter for copyright infringement is a serious matter that may have legal consequences. It is important that you take the situation seriously and act accordingly.
Firstly, it is positive that you have decided to resolve the matter quickly and legally. This is the right step to avoid further consequences and prevent escalation. In the case of a warning letter for copyright infringement, there are various legal steps you can take.
First, you should carefully review the warning letter and verify if the accusations of copyright infringement are indeed true. It is possible that there are misunderstandings or that you have inadvertently violated copyright without knowing it. In this case, it is important to clarify the reasons for the violation and find a solution.
If the accusations in the warning letter are justified, you should definitely contact the sender of the warning and try to resolve the matter out of court. Often, it is possible to issue a cease and desist declaration and reach a financial settlement to avoid further legal action. It is important that you seek professional legal assistance to represent your interests as best as possible.
If an out-of-court settlement is not possible or if the warning letter has already led to a lawsuit, it is advisable to consult a copyright lawyer. An experienced attorney can represent you in this case and defend your rights in court. It is important that you comply with the legal steps and deadlines to avoid possible legal consequences.
Overall, it is important that you take the warning seriously and act accordingly to protect your legal interests. I recommend seeking professional legal assistance and resolving the matter as quickly and correctly as possible.
I hope this information helps you and I am available for further questions.
Sincerely,
Verena Friedendahl
Copyright Attorney
