What legal steps need to be taken in case of copyright infringement?
June 13, 2024 | 40,00 EUR | answered by Nina Koch
Dear lawyer,
I am reaching out to you as I have found myself in a difficult situation and urgently need legal advice. My name is Jenny Werner and I am a self-employed photographer. Recently, I discovered that my photos were published on another website without my permission. This is clearly a copyright infringement, as I own the rights to these images and they were used without my consent.
The current situation is that my photos are still publicly accessible on the website and I have not received any compensation or recognition for the use of my work. This is causing me great concern, as my work is being unlawfully used and I fear for my rights as the author.
So my question to you is: What legal steps should be taken in case of a copyright infringement? I would like to know how I can take action against the unauthorized use of my images to protect my rights as the author and to receive adequate compensation. Are there ways to have the images removed from the website and to claim damages?
I am grateful for your support and expertise in this matter and look forward to your legal recommendations and proposed solutions.
Sincerely,
Jenny Werner
Dear Ms. Werner,
Thank you for your inquiry regarding the copyright infringement of your photos. It is understandable that you are concerned and want to protect your rights as the author. In such cases, there are legal steps you can take to address the unauthorized use of your images and potentially receive appropriate compensation.
First and foremost, it is important that you can prove that you actually own the rights to the affected photos. To do this, you should be able to provide all relevant documents such as contracts, licenses, or other documents that confirm your copyright. If you have registered your photos with a copyright society, you can also use this as evidence.
The first step you can take is to send a cease and desist letter to the operator of the website where your photos are being used without permission. In the letter, you should clearly state that it is a copyright infringement and demand that the images be removed from the website immediately. You can also request a cease and desist declaration in which the operator commits to not using your images in the future.
If the operator does not respond to the cease and desist letter or refuses to remove the images, you can take further legal action. This may include initiating legal proceedings to claim damages. In such a process, you can have the unauthorized use of your images legally established and demand appropriate compensation.
It is advisable to seek advice from a specialized copyright lawyer in such a case to best represent your interests. An experienced lawyer can help you assess the legal options and develop the best strategy for your case.
I hope this information is helpful and wish you success in asserting your rights as the author. If you have any further questions or need assistance, please do not hesitate to contact me.
Sincerely,
Nina Koch, Attorney at Law
