How those affected can handle the law firm KSP properly and be able to secure themselves
Advertising-Suddenly Post from the law firm KSP lawyers flutters into the house-on behalf of dpa picture-alliance GmbH, a significant sum is required for allegedly illegal use. This is a shock for many companies and private individuals, especially on social media platforms such as Facebook or Instagram. The demands can quickly reach high amounts. But don't worry, they are not exposed to these demands. As your experienced partner in copyright and media law, the law firm Kramarz ( Kanzlei-kramarz.de) at your side.
You can find more information on this topic on the KRAMARZ lawyer website: " DPA picture Alliance warning by KSP Lawyers for dpa pictures-alliance GmbH ".
What is behind a warning of the dpa picture alliance by KSP lawyer?
DPA picture-alliance GmbH is one of the leading German photographic agencies. It has a huge database of photographs, graphics and other visual content. These works enjoy copyright protection. This means that use of these images is generally only permitted with a corresponding license from the dpa picture alliance.
The law firm KSP Rechtsanwälte from Hamburg is commissioned by the dpa picture alliance to pursue copyright violations. Typical reasons for such a warning are:
- Unauthorized use of images: Photos of the dpa picture alliance are used without valid license on websites, blogs, in social media profiles or for advertising measures.
- Use of images via third-party platforms: Images are often taken over by search engines, social media feeds from other users or supposedly "free" platforms without checking the license conditions.
In the warning, you are usually asked to submit a declaration of injunctive relief and pay compensation as well as the legal costs of the opposite side.
The legal foundations and typical claims
Copyright protects the rights of the image authors and agencies. Various claims can be asserted if these rights are violated:
Compensation: This is often calculated based on the custom -placed fee recommendations for image licenses. A significant surcharge can be requested if the copyright is called.
Lawyers' fees: The costs for the commissioning of the KSP lawyers, calculates according to the statutory fee regulations based on an often high value in dispute.
Documentation costs: Costs for determining the violation.
Interest: on the required amounts.
As experience shows, the overall demands can achieve sensitive heights, especially if pictures have been used over longer periods.
Attention: Not every claim is justified! Points of attack for your defense
Even if the warning is overwhelming at first glance - the amount of the claims is often vulnerable. Here are some important points that we check for you:
Is the dpa picture alliance at all? It must be demonstrated that the dpa actually has the exclusive usage rights on the warned image. Is there a complete transfer of rights from the photographer to the agency? Were metadata manipulated?
Is the amount of the compensation appropriate? The calculation bases for license fees are not used schematically by courts, especially not in non-professional users or pictures of low quality. Important factors are:
Type of use: Private use on a small blog vs. Commercial use on a range of reach.
Image quality: high-quality professional recording vs. simple snapshot.
Use of use and scope: one -time post or permanent integration? In many cases, we were able to significantly reduce the claims for damages, since the amount of license fees did not correspond to the actual use.
Are the claims possibly time -barred? Claims for damages from copyright violations can become time -barred. The regular limitation period is three years, starting at the end of the year in which the claim arose and the rights holder has or should have gained knowledge of the injury and the injury. A ten -year period can apply to certain claims. We check this exactly.
Are the documentation and investigation costs justified? Flat -rate demands for investigative costs are often contestable if, for example, screenshots are incomplete, time is missing or the actual effort is not proven.
Is the interest calculation correct? KSP often calculates interest from the first day of use. This is legally questionable, especially if no deliberate action can be proven.
How should you react to a warning of the dpa picture alliance?
If you have received a warning, keep calm, but do not ignore writing! Please note the following steps:
- Note deadlines: Short deadlines are usually set in the warning. Do not miss this, otherwise an expensive judicial procedure can threaten.
- Do not sign or pay: Do not sign the attached cease and desist declaration unchecked. This is often too wide and can pose a admission of guilt. Do not make any payments before the claims have been checked.
- Do not contact KSP direct: Any statement on your part can be used later. Leave communication to a specialized lawyer.
Obtain legal advice: Contact a specialist lawyer for copyright and media law immediately. We, the Kramarz law firm, offer you a free initial consultation for telephone to assess your situation and discuss the best steps. You can reach us on Tel.: 06151-2768227, by email at request@kanzlei-kramarz.de or via our website Kanzlei-kramarz.de .
Preventive measures: How to protect yourself from warning for use of image
It is of course best not to let a warning come. So note the following tips:
Use only licensed images: purchase pictures from reputable image agencies and read the license conditions exactly. Make sure that the license covers the use you plan (e.g. commercial, social media).
Beware of "free" pictures: pictures of platforms that offer "free" or "license -free" pictures are not always legally secure. Check the conditions very precisely, in particular with regard to the name and commercial use.
Use your own pictures: If possible, create your photos and graphics yourself.
Document your licenses: keep license contracts and purchase receipts carefully.
Pay attention to correct copyrights: If required, call the author and the source directly at the image or in the imprint, as the license prescribes.
Conclusion and your next step
A warning of the dpa picture alliance by the KSP law firm is serious, but does not mean that they are delivered to the claims defenseless. Many demands are excessive or partially unjustified. With a well -founded legal examination and a clever defense strategy, the costs can often be significantly reduced or the claim completely warded off.
Have you received a warning? Do not hesitate and use our free telephone first consultation. Attorney Christian Kramarz, LL.M., specialist lawyer for copyright and media law as well as for information technology law, is at your side with over 15 years of professional experience. You can reach the lawyer at request@kanzlei-kramarz.de or by phone: 06151-2768227.
Call us or visit our website Kanzlei-kramarz.de to discuss your individual defense strategy.
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