Can I be held liable for unauthorized downloads?
February 5, 2024 | 40,00 EUR | answered by Otto Ullmann
Dear lawyer specializing in internet and computer law,
I am reaching out to you because I am currently facing a question that is causing me great concern. It is regarding the issue of liability for unauthorized downloads on the internet. Some time ago, I accidentally downloaded a movie without knowing that it was a copyrighted content. Now, I am wondering if I can be held liable for this and what consequences I might face.
The situation is as follows: I downloaded a movie through a file-sharing platform that was recommended to me by a friend. Due to my lack of knowledge in copyright law, I was not aware that this movie was protected. It was only when I received a cease and desist letter from a law firm that I realized I may have violated copyright laws.
I am very worried as I do not know what legal actions could be taken against me and how I can defend myself. I am particularly concerned about potential claims for damages or even criminal prosecution. How can I defend myself against these accusations and what options do I have to resolve the situation?
I hope that you can assist me with your expertise and experience in this field and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Karl Beck
Dear Mr. Beck,
Thank you for your inquiry regarding liability for unauthorized downloads on the internet. It is understandable that you are concerned, especially if you have accidentally violated copyright laws. In your situation, it is important to understand the legal consequences and act accordingly.
First and foremost, I must point out that downloading copyrighted content without the permission of the rights holder is generally illegal. In your case, you downloaded a movie through a file-sharing platform without knowing it was protected material. Through the law firm's warning letter, you have now been informed of the violation.
Under German copyright law, rights holders are entitled to damages in case of a copyright infringement. This means that you could potentially be required to pay a fine in the worst case scenario. Furthermore, there is the possibility of criminal prosecution, especially if it involves repeated or massive copyright infringements.
To defend yourself against the accusations, I recommend contacting a specialized copyright lawyer immediately. They can assess your legal situation, develop possible defense strategies, and assist you in communicating with the opposing law firm. It is important to respond to the warning letter appropriately and not miss any deadlines.
Furthermore, you should be more cautious in the future and ensure you have the necessary rights before downloading content on the internet. Avoid distributing or downloading illegal copies of copyrighted materials to avoid legal consequences.
In conclusion, it is important to take the situation seriously and seek professional help. With the assistance of an experienced lawyer, you can mitigate potential consequences and resolve the matter.
I hope that my explanations have been helpful to you and I am available to answer any further questions you may have.
Sincerely,
Otto Ullmann
Lawyer specializing in internet and computer law
