How can I enforce my international copyright claims?
February 21, 2024 | 50,00 EUR | answered by Alexander Voigt
Dear International Law Attorney,
My name is Ingo Werner and I work as a freelance photographer. Over the past few years, I have had many of my works published internationally and have discovered that some of my photos have been used by others without my permission. Unfortunately, I have encountered difficulties in enforcing my international copyright claims, as the legal situation varies greatly from country to country.
My concerns lie in the fact that I do not know how to proceed in order to protect my rights as a creator and make claims for damages. I also lack knowledge about the specific legal steps I need to take in each country in order to successfully enforce my claims.
Can you please explain to me how I can effectively enforce my international copyright claims? Are there specific procedures or agreements at the international level that can assist me? What specific steps do I need to take in order to address the unauthorized use of my works and claim damages?
I thank you in advance for your support and hope for concrete suggestions on how to successfully defend my copyright claims.
Sincerely,
Ingo Werner
Dear Mr. Werner,
Thank you for your inquiry regarding the enforcement of your international copyright claims as a freelance photographer. It is understandable that you are concerned when your works are used without your permission and you are having difficulties enforcing your rights in different countries. I am happy to explain to you how you can best proceed to effectively protect your copyright and claim damages.
First of all, it is important to know that the protection of copyrights is internationally regulated through various agreements and procedures. One central agreement that can help you is the Berne Convention for the Protection of Literary and Artistic Works. This convention protects the copyright of works in the contracting states and automatically grants you protection in the member countries.
To successfully enforce your copyright claims, I recommend taking the following steps:
1. Evidence preservation: Secure all evidence that proves your works have been used without permission, such as screenshots of publications or copies of unauthorized uses.
2. Legal advice: Consult with a lawyer specializing in international copyright law. They can help you plan and implement the legal steps in the respective countries.
3. Cease and desist letter: Send a cease and desist letter to the individuals or companies who have used your works without permission, demanding them to stop the use and pay damages.
4. Filing a lawsuit: If the cease and desist letter does not lead to the desired outcome, consider filing a lawsuit in court to enforce your claims.
It is important to adhere to the respective laws and procedures in the countries involved when enforcing your copyright claims to ensure a successful enforcement. An experienced international copyright lawyer can help you take the right steps and defend your rights.
I hope this information helps you in enforcing your copyright claims. If you have any further questions, feel free to contact me.
Best regards,
Alexander Voigt
Attorney at Law specializing in International Law
