The Copyright Infringement Warning Letter is a crucial legal instrument under German law, used when unauthorized use of copyrighted material is discovered. This document serves as a mandatory first step before initiating court proceedings, giving the alleged infringer an opportunity to cease the unauthorized use and settle the matter out of court. It must comply with specific requirements of German copyright law and civil procedure, including precise identification of the infringed work, detailed documentation of the infringement, and clear demands for remedy. The letter typically includes a cease and desist declaration with a penalty clause, and may also address compensation for damages and legal costs. This formal warning is particularly important in the German legal system, as failing to send it before court action could affect the recovery of legal costs.
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1. Sender Details: Full legal name and contact information of the copyright holder or their authorized representative
2. Recipient Details: Full name and address of the alleged infringer
3. Copyright Ownership Declaration: Clear statement of copyright ownership or right to represent the copyright holder
4. Description of Protected Work: Detailed description of the copyrighted work being infringed
5. Infringement Details: Specific description of the infringement including dates, locations, and nature of unauthorized use
6. Legal Basis: Reference to relevant sections of German copyright law (UrhG) establishing the infringement
7. Cease and Desist Demand: Clear demand to stop the infringing activity with specific deadline
8. Declaration of Discontinuance: Request for signed cease and desist declaration (Unterlassungserkl盲rung) with contractual penalty clause
1. Damage Compensation: Include when seeking monetary compensation for actual damages incurred
2. Attorney Fees: Include when claiming reimbursement for legal costs of preparing the warning letter
3. Previous Violations: Include if there have been previous infractions by the same party
4. Urgent Notice: Include when immediate action is required due to ongoing significant damage
5. Settlement Offer: Include when proposing an amicable resolution to avoid court proceedings
1. Proof of Copyright Ownership: Documentation establishing copyright ownership or licensing rights
2. Evidence of Infringement: Screenshots, copies, or other documentation of the alleged infringement
3. Draft Declaration of Discontinuance: Pre-formulated cease and desist declaration for the recipient to sign
4. Power of Attorney: If the letter is sent by a representative, documentation of authority to act
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