Warning letter because of filesharing: Know and protect your rights

A short introduction to warnings for filesharing

Warning letters for file sharing are legal letters often sent by specialized law firms such as Frommer Legal, IPPC Law, .rka legal, and Nimrod. Such warning letters are issued when copyrighted content such as films or computer games are distributed via file-sharing platforms without the required licenses. This constitutes a violation of German copyright law, which can result in both criminal and civil proceedings.

A warning letter typically demands that further violations cease and desist, often coupled with a demand for damages and reimbursement of legal fees. The legal consequences of such a letter should not be underestimated. Ignoring the warning letter or responding incorrectly to it can result in additional costs, legal action, and even court proceedings. It is therefore crucial to inform yourself about your legal situation early on and act appropriately.

Legal situation for file sharing under copyright law

German copyright law provides comprehensive protection for creative works such as films and computer games. The basis for warnings about file sharing is the Copyright Act (UrhG), which gives authors the exclusive right to decide on the distribution, reproduction and making available to the public of their works. If a protected work is shared via file-sharing networks such as torrents without the authorisation of the rights holder, this constitutes a copyright infringement. This constitutes both a civil and a potentially criminal offence. File sharing is hardly ever prosecuted under criminal law. In this respect, you can breathe easy.

The rights holders or law firms commissioned by them, such as Frommer Legal, IPPC Law, .rka legal or Nimrod, have the right to assert claims in the event of legal infringements. As a rule, this includes claims for damages and the payment of legal fees incurred. At the same time, the warned party can be obliged to sign a cease-and-desist declaration with a penalty clause in order to avoid future infringements.

The legal regulations provide rights holders with an effective means of consistently pursuing copyright infringements and enforcing their claims. Unfortunately, you have now realised this for yourself.

Why legal advice is very important for warning letters

A warning letter due to file sharing is a considerable challenge for many of those affected, especially as the legal and financial consequences can be far-reaching. Without sound legal advice, there is a risk of making mistakes that can make the situation worse. For example, an ill-considered signature under a cease-and-desist declaration with a penalty clause can result in long-term obligations that can lead to high costs. There are also risks involved in ignoring a warning letter, as this often leads to further legal measures such as a reminder notice or a lawsuit, which entail additional costs and stress.

An experienced lawyer can check the legality of the warning letter and clarify whether the claims being made are justified. It is often possible to fend off unjustified or excessive claims or to obtain an adjustment to the cease-and-desist declaration. The monetary claims can often be significantly reduced. Lawyers can also help to examine possible liability as the owner of the connection more closely and to refute it with arguments if there is no direct involvement in the copyright infringement.

The legal intricacies of German copyright law and the many pitfalls that lurk when dealing with warning letters make professional help indispensable. Specialised legal advice not only offers security when dealing with claims, but can also help you to effectively protect your rights and minimise damage as far as possible.

Law firms sending out for warning letters in the filesharing sector

Several law firms in Germany specialise in issuing warning letters for file sharing. One of the best known is Frommer Legal, which specialises in the enforcement of copyright claims and works primarily for film studios, music companies and publishers. The law firm regularly sends warning letters to people who are alleged to have distributed copyright-protected works via file-sharing platforms.

IPPC Law is a law firm that deals intensively with copyright infringement cases. It frequently represents rights holders from the film and entertainment industry and claims damages and the signing of cease-and-desist declarations in the event of infringements.

.rka legal has specialised in warning letters for the unauthorised distribution of computer games. This law firm often works on behalf of game developers and publishers and consistently pursues offences against copyright law.

Nimrod primarily represents rights holders in the software and games industry. It is committed to penalising copyright infringements and enforcing its clients' claims. In doing so, the law firm often targets people who have distributed copyright-protected games without a licence via file-sharing networks.

All of the law firms mentioned operate within the framework of German copyright law and consistently pursue violations. They issue cease and desist letters to enforce their clients' claims, often using standardized procedures. It is important to take such letters seriously and respond to them in a legally correct manner to avoid incurring high costs.

Get legal assistance in the event of warning letters

Don't let a warning letter for file sharing go unanswered. Get competent support from experienced lawyers who will protect your rights and help you find the best possible solution. Contact a specialized lawyer for a personalized initial consultation to discuss your legal options.