Warning letter over a photo on your website?
You used an image from the internet on your website, in your shop or on social media, and now a warning letter arrives with a cease-and-desist demand and damages? Copyright infringements can get expensive. React thoughtfully, but do not panic.
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What you should do now
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1. Remove the image immediately
Take the challenged photo down everywhere (also cache/thumbnails) to end the infringement.
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2. Check the deadline and entitlement
Note the deadline. Check whether the party issuing the warning is the rights holder and whether the demands (cease and desist, damages, costs) are plausible in amount.
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3. Do not sign unchecked
The pre-formulated cease-and-desist declaration is usually too broad. A modified declaration can eliminate the risk of repetition without acknowledging excessive demands.
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4. Get legal advice
Copyright warnings are a specialist field. Advice (legal aid if applicable) clarifies whether and how you react and pay.
Frequently asked questions
Do I just have to pay the demanded sum?
Not unchecked. Often the damages (often based on a license analogy) and warning costs are negotiable or excessive. More important than a quick payment is the timely, ideally modified, cease-and-desist declaration, best after a legal check.
May I ignore the warning?
Better not. If you do not react, an interim injunction or a lawsuit with further costs threatens. Remove the image immediately, check the entitlement and submit a (modified) cease-and-desist declaration on time, without blindly signing the overly broad standard version.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.