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How those affected can correctly handle letters from the law firm KSP and protect themselves
ADVERTISEMENT – Suddenly, a letter from the law firm KSP Rechtsanwälte arrives – on behalf of dpa Picture-Alliance GmbH, a substantial sum is demanded for alleged unauthorized use of images. For many companies and individuals, especially those on social media platforms like Facebook or Instagram, this comes as a shock. The demands can quickly reach high amounts. But don't worry, you are not defenseless against these claims. As your experienced partner in copyright and media law, the law firm Kramarz ( kanzlei-kramarz.de) here to help.
More information on this topic can be found on the website of lawyer Kramarz: “ DPA Picture Alliance warning letter from KSP lawyers for dpa Picture-Alliance GmbH ”.
What is behind the cease and desist letter from dpa Picture-Alliance issued by KSP Rechtsanwälte?
dpa Picture-Alliance GmbH is one of Germany's leading photo agencies. It possesses a vast database of photographs, graphics, and other visual content. These works are protected by copyright. This means that, in principle, their use is only permitted with a corresponding license from dpa Picture-Alliance.
The Hamburg-based law firm KSP Rechtsanwälte is being commissioned by dpa Picture-Alliance to pursue copyright infringements. Typical reasons for such a cease-and-desist letter include:
- Unauthorized use of images: Photos from dpa Picture-Alliance are used without a valid license on websites, blogs, in social media profiles or for advertising purposes.
- Use of images via third-party platforms: Images are often thoughtlessly taken from search engines, social media feeds of other users or supposedly "free" platforms without checking the license terms.
The warning letter will usually demand that you submit a legally binding declaration to cease and desist and pay damages as well as the opposing party's legal fees.
The legal basis and typical demands
Copyright protects the rights of photographers and agencies. Various legal claims can be made in the event of an infringement of these rights:
Damages: These are often calculated based on industry-standard fee recommendations for image licenses. A significant surcharge may be demanded if the copyright holder is not credited.
Legal fees: The costs for engaging KSP lawyers are calculated according to the statutory fee schedules based on an often high value in dispute.
Documentation costs: Costs for determining the legal violation.
Interest: On the amounts demanded.
As experience shows, the total demands can reach considerable heights, especially when images have been used over extended periods of time.
Warning: Not every claim is justified! Points of attack for your defense
Even if the warning letter seems overwhelming at first glance, the amount demanded is often contestable. Here are some important points we will check for you:
Is dpa Picture-Alliance even the rights holder? It must be proven that dpa actually possesses the exclusive rights to use the image in question. Is there a complete transfer of rights from the photographer to the agency? Has any metadata been manipulated?
Is the amount of damages appropriate? Courts do not apply the calculation principles for license fees schematically, especially not in cases involving non-professional users or low-quality images. Important factors include:
Type of use: Private use on a small blog vs. commercial use on a high-traffic company website.
Image quality: High-quality professional shot vs. simple snapshot.
Duration and scope of use: One-off post or permanent integration? In many cases, we were able to significantly reduce the claims for damages because the license fees charged did not correspond to the actual usage.
Are the claims possibly time-barred? Claims for damages arising from copyright infringement can be subject to a statute of limitations. The standard limitation period is three years, beginning at the end of the year in which the claim arose and the rights holder became aware, or should have become aware, of the infringement and the infringer. A ten-year limitation period may apply to certain claims. We will examine this carefully.
Are the documentation and investigation costs justified? Flat-rate demands for investigation costs are often contestable if, for example, screenshots are incomplete, timestamps are 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 intentional wrongdoing can be proven.
How should you react to a cease and desist letter from dpa Picture-Alliance?
If you have received a warning letter, remain calm, but under no circumstances ignore it! Follow these steps:
- Pay attention to deadlines: Warning letters usually specify short deadlines. Do not miss these, otherwise you may face expensive legal proceedings.
- Do not sign or pay prematurely: Do not sign the enclosed cease and desist declaration without having it reviewed. It is often too broadly worded and could constitute an admission of guilt. Do not make any payments before the claims have been reviewed by a lawyer.
- Do not contact KSP directly: Any statement you make could later be used against you. Leave the communication to a specialized lawyer.
Seek legal advice: Contact a specialist lawyer for copyright and media law immediately. We, the Kramarz law firm, offer you a free initial telephone consultation to assess your situation and discuss the best course of action. You can reach us by phone at +49 6151 2768227, by email at anfrage@kanzlei-kramarz.de , or via our website kanzlei-kramarz.de .
Preventive measures: How to protect yourself from cease-and-desist letters for image use
The best approach, of course, is to avoid receiving a warning letter in the first place. Therefore, please consider the following tips:
Use only licensed images: Purchase images from reputable stock photo agencies and read the license terms carefully. Make sure the license covers your intended use (e.g., commercial, social media).
Beware of "free" images: Images from platforms offering "free" or "royalty-free" images are not always legally sound. Check the terms and conditions very carefully, especially regarding attribution and commercial use.
Use your own images: If possible, create your own photos and graphics.
Document your licenses: Carefully keep license agreements and purchase receipts.
Ensure correct attribution of copyright: If required, name the author and the source directly on the image or in the imprint, as stipulated by the license.
Conclusion and your next step
A cease-and-desist letter from dpa Picture-Alliance, issued by the law firm KSP, should be taken seriously, but it doesn't mean you are defenseless against their demands. Many of these demands are excessive or partially unjustified. With a thorough legal review and a well-thought-out defense strategy, costs can often be significantly reduced or the claim can be completely dismissed.
Have you received a cease and desist letter? Don't hesitate to take advantage of our free initial telephone consultation. Attorney Christian Kramarz, LL.M., a specialist in copyright and media law as well as information technology law, is available to assist you with over 15 years of professional experience. You can reach him at anfrage@kanzlei-kramarz.de or by phone at +49 6151 2768227.
Call us or visit our website kanzlei-kramarz.de to discuss your individual defense strategy.
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