Copyright warning: Classifying the allegation correctly
Image, music or text: The specific use, existing rights and the scope of the required declaration are decisive.
First enter the specific allegation
A warning is intended to resolve an alleged infringement of law without legal proceedings. Therefore, first read which image, which music section or which text should be affected, where the publication took place and for whom claims are being made. Record all deadlines specified in the letter and also keep annexes and the attached declaration of injunctive relief.
Section 97a UrhG sets requirements for the content of a copyright warning. Among other things, the alleged infringement must be specifically described and claimed payment claims must be divided up in a comprehensible manner. Whether these requirements have been met and whether the claim exists materially are different examination questions. A formal objection does not yet answer whether the use was permitted.
Documenting the chain of rights and usage
Save the affected publication with the date, URL and context. Collect invoices, license terms, platform notes, and agreements with photographers, agencies, or employees. In the case of a social media post, for example, it can be decisive whether a music license actually covers specific business use.
According to § 31 UrhG, rights of use may be limited in time, space or content, among other things. Permission for a single publication therefore does not have to cover every subsequent campaign. Also note who purchased and published the content. Once evidence has been obtained, it should be clarified quickly whether and how continued disputed use should be terminated.
Check payment and omission separately
A warning can combine several claims: removal, omission, compensation and reimbursement of expenses. Their requirements must be examined separately. Section 97 UrhG distinguishes in particular injunctive relief from compensation, which generally requires intentional or negligent action. A required total sum therefore says little about which individual positions are eligible.
A declaration of cease and desist deserves particular attention. It may establish a contractual obligation with a contractual penalty and go beyond the specific contribution. A pre-formulated declaration should therefore be checked before signing, as should a version you have amended yourself. Even simply deleting a contribution does not automatically settle all claims.
Prepare an appropriate response
A complete copy of the warning, the secured content, existing license certificates and a brief chronology help with advice. Share whether you've already responded, paid, or made a statement. In this way, it is possible to avoid that the further strategy is based on incomplete facts.
The legal mandate may include verifying eligibility, the scope of a possible injunctive obligation and responding to the other party. Depending on the outcome, a rejection, a limited declaration or negotiations may be considered. What reaction results from the specific allegation and the verifiable rights of use.
Sources & further information
- Section 97a UrhG — Warning ↗
- Section 31 UrhG — Granting of rights of use ↗
- Section 97 UrhG — Omission and compensation ↗
This article provides general guidance. The options available depend on your specific situation.