File Sharing

Every year, thousands of cease-and-desist letters are sent on behalf of the music, film, and software industries. These letters concern so-called file sharing via internet peer-to-peer networks. TV series, films, music, and computer software are all affected.

Legal Background

Offering film works on peer-to-peer networks (file sharing) can constitute a copyright infringement. On these networks, files are exchanged via download and upload. When a file is downloaded, it is, at the same moment, automatically uploaded again from your own computer and made available to other users of the network. From a legal standpoint, this uploading constitutes making the work available to the public — a right reserved exclusively to the author of a work. Making a work available to the public to someone other than the author can constitute a copyright infringement under Section 19a of the German Copyright Act (UrhG).

Frommer Legal

• Universal Pictures Hamburg Film & Fernsehvertrieb GmbH
• Universal Music GmbH
• Constantin Film Verleih GmbH
• Twentieth Century Fox Home Entertainment GmbH
• Warner Bros. Entertainment GmbH
• EMI Music Germany GmbH & Co. KG
• SONY Music Entertainment Germany GmbH
• Warner Music Group Germany Holding GmbH
• Tele München Fernseh GmbH + Co. Produktionsgesellschaft
• LEONINE Licensing GmbH

WeSaveYourCopyrights Law Firm

• reFX Audio Software Inc.

IPPC LAW

• MG Premium Ltd.
• Gamma Entertainment Inc.
• B1 Recordings GmbH

Nimrod Rechtsanwälte Law Firm

• Astragon Sales & Service GmbH
• DAEDALIC Entertainment GmbH
• Aerosoft GmbH
• Kalypso Media Group GmbH

The cease-and-desist letter demands a penalty-backed declaration to cease and desist as well as damages.

Demands

• A penalty-backed declaration to cease and desist
• Damages
• Legal fees

Our Advice

We advise against ever signing the pre-drafted declaration to cease and desist without having it reviewed. Get advice from an experienced lawyer so they can show you the possible paths forward. Case law has, in fact, developed a number of distinct scenarios in which the account holder is not liable at all.

Basic Rules When You Receive a Cease-and-Desist Letter

• Stay calm
• Pay attention to the deadlines set
• Don't contact the opposing party
• Don't sign anything or make any payments
• Contact a specialist lawyer

DREGER IP LEGAL – Specialist Lawyer for Intellectual Property in Düsseldorf

Take advantage of my offer for a free initial assessment. I'm happy to advise you on this matter. Feel free to send your cease-and-desist letter by email to info@dregeriplegal.de. I will get back to you as quickly as possible with an initial assessment.

My Offer

• Free initial assessment nationwide
• Representation nationwide
• Assessment by a highly specialized attorney
• Fast and straightforward communication by email

You can find my contact form here!