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Copyright Warning Letter Template for Austria

A formal legal notice drafted under Austrian law that serves to notify an alleged infringer of copyright violation and demand immediate cessation of unauthorized use of protected material. The document combines elements of Austrian copyright law (Urheberrechtsgesetz) and relevant EU directives to establish the legal basis for the complaint, detail the specific infringement, and outline required remedial actions. It includes clear identification of the protected work, evidence of ownership, specific instances of infringement, and demands for cessation, while setting forth potential legal consequences under Austrian jurisdiction if the recipient fails to comply.

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What is a Copyright Warning Letter?

The Copyright Warning Letter is a crucial legal instrument in Austrian intellectual property protection, serving as a formal first step in addressing copyright infringement before initiating court proceedings. This document is typically used when unauthorized use of copyrighted material has been detected and the rights holder wishes to establish a formal record of notification and demand for cessation. The letter must comply with Austrian legal requirements under the Urheberrechtsgesetz and relevant EU directives, containing specific elements such as proof of ownership, detailed description of the infringement, and clear demands for remedial action. It's particularly important that the letter establishes a clear timeline for compliance and outlines potential legal consequences, while maintaining a professional tone that could support potential future legal proceedings if necessary.

What sections should be included in a Copyright Warning Letter?

1. Sender Details: Full legal name, address, and contact information of the copyright holder or their legal representative

2. Recipient Details: Full name and address of the alleged infringer

3. Copyright Ownership Statement: Clear declaration of copyright ownership or right to represent the copyright holder, including registration details if applicable

4. Description of Protected Work: Detailed description of the copyrighted work(s) being infringed, including creation date and any registration numbers

5. Infringement Details: Specific description of the infringing activity, including dates, locations, and nature of the infringement

6. Legal Basis: Reference to relevant sections of Austrian copyright law and EU directives that have been violated

7. Cease and Desist Demands: Clear statement of required actions, including immediate cessation of infringement and removal/deletion of infringing material

8. Deadline for Compliance: Specific timeline for the recipient to comply with the demands

9. Legal Consequences: Statement of potential legal actions if demands are not met within the specified timeline

What sections are optional to include in a Copyright Warning Letter?

1. Previous Communications: Reference to any previous attempts to resolve the matter, used when there have been prior contacts

2. Damage Calculation: Detailed calculation of damages suffered, used when seeking monetary compensation

3. Settlement Terms: Proposed terms for amicable resolution, used when willing to negotiate a settlement

4. Undertaking Declaration: Written declaration for the infringer to sign confirming they will cease the infringing activity, used in more formal cases

5. Good Faith Statement: Statement acknowledging potential unintentional infringement, used when a softer approach is warranted

What schedules should be included in a Copyright Warning Letter?

1. Evidence of Copyright Ownership: Copies of copyright registration certificates, creation documentation, or other proof of ownership

2. Evidence of Infringement: Screenshots, photographs, or other documentation showing the infringing use

3. Undertaking Template: Template document for the recipient to sign confirming their agreement to cease infringement

4. Power of Attorney: If the letter is sent by a representative, documentation showing authority to act on behalf of the copyright holder

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Document Type

Copyright Notice

Sector

IP

Cost

Free to use

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