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Ask a lawyer on the topic of Media law

What legal consequences are there for copyright infringement in social media?

Dear Media Lawyer,

My name is Sofia Koch and I run a small online shop where I sell self-made designs on various products. Lately, I have noticed that my designs are being shared more and more on social media platforms such as Instagram and Facebook without my consent. I am concerned that this may constitute copyright infringement and I wonder what legal consequences I could face.

I have tried reaching out politely to the individuals who have shared my designs and asked for their removal. Unfortunately, I often did not receive a response or was even blocked. I feel helpless and I wonder how I can protect my intellectual property and if it is possible to take legal action against the copyright infringements.

I would like to know how I can better protect my intellectual property in the future and what measures I can take to address those who use my designs without permission. Are there ways to claim damages or enforce injunction claims? What steps should I take next to assert my rights as a creator and protect my designs from further violations?

Thank you in advance for your help and advice on this matter.

Sincerely,
Sofia Koch

Isabel Tressel

Dear Mrs. Koch,

Thank you for your inquiry regarding your designs being shared on social media without your consent. It is understandable that you are concerned and want to protect your intellectual property. Copyright infringement is a serious issue and it is important that you take steps to protect your rights as the creator.

First and foremost, it is important to understand that your designs are automatically protected by copyright as soon as they are created. You do not need to take any specific steps to receive this protection. If someone uses your designs without your permission, they are infringing on your copyright. In your case, where your designs are being shared on social media, you may consider taking legal action against these individuals.

To address copyright infringement, you may first try reaching out politely to the individuals who have shared your designs and request removal. If you do not receive a response or continue to be blocked, you may consider consulting a media law attorney. An attorney can help you enforce cease and desist claims and, if necessary, pursue damages claims.

There are also various measures you can take to better protect your intellectual property. This includes adding watermarks to your designs or registering your designs with the German Patent and Trademark Office. A media law attorney can assist you in taking the appropriate steps to effectively protect your intellectual property.

Overall, it is important that you take action and defend your rights as the creator. With the support of an experienced attorney, you can take steps to address copyright infringement and protect your intellectual property.

I hope that my response is helpful to you and I am available to answer any further questions or assist you with legal steps.

Sincerely,

Isabel Tressel
Media Law Attorney

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Isabel Tressel