[av_one_fourth first] [av_testimonials style=’slider’ columns=‘2’ interval=‘5’] [av_testimonial_single src=” attachment=” name=‘Sylvio Schiller’ subtitle=” link=” linktext=”] Need to protect the works of photo­graphers on the internet quite a bit of sense of proportion.
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Contract expertise

  • Licence agreement
  • User agreement
  • Design agreement
  • Freelancer contract
  • merchan­dising contract
  • Content agreement
  • Condi­tions of Use
[/av_textblock] [/av_one_fourth][av_three_fourth] [av_heading heading=‘Copyright law’ tag=‘h1’ color=” custom_font=” style=” size=” subheading_active=” subheading_size=’10′ padding=‘10’][/av_heading] [av_textblock ]

In recent years, copyright has become incre­a­singly important and has become the focus of attention, in parti­cular in the course of the “digital revolution”. Copyright does not only comprise the rights of use and moral rights, but also some further, related property rights. The circle of our clients that render services which are relevant in terms of copyright is broadly diver­sified. We for example represent authors, journa­lists, publi­shing companies, composers, photo­graphers, graphic artists, archi­tects, producers, scien­tists, software engineers and creative people from the innovative startup scene.

The general principle is that it is up to a creator of a work to decide how, when and in what form any work is published and to what extent it may be changed by the user. In today’s world, this general principle — with all its oppor­tu­nities — quickly reaches its limits and quickly poses great challenges for the right holders as well as the users of copyrighted works. It is exactly this point at which we can support you with our know-how and advise you in the best possible manner on the basis of our many years of experience. In this context, we do not only consider the legal aspects, but also the economic interests of our clients.

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Many projects in the media sector, especially those concerning the production of cinema and television movies, but also promo­tional films, or those concerning the publi­cation of books or music, require a search with regard to third-party rights affected by such projects in the prepa­ratory stage. Our attorneys at law perform this exami­nation and protect all the rights in this way in order to avoid subse­quent copyright infrin­ge­ments which will entail costs and delays. Within the scope of such searches, we also advise and support our clients in the acqui­sition of such rights and in the associated negotiations.

When a project has been finished, we regularly support our clients in the contractual evaluation of the values thus created, and protect the intel­lectual property.

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Written warnings often occur in our daily work. In this context, we can draw on the extensive experience gained from the perspective of all parties involved. Therefore, we always know the other side and its arguments.

If copyrights of our clients are violated, we agree with our clients on the measures to solve this problem. For example, a written warning may be possible, but not reasonable in a specific case. In this regard, we render advice under the aspect of the concept of “fair-use” which comes from the USA. However, if the violator commits the copyright infrin­gement in the commercial sphere, we will enforce all rights and claims which are available to our clients, such as claims for injunctive relief, rights to infor­mation and claims for damages. If appli­cable, we will apply for a preli­minary injunction or commence the principal proceedings.

On the other hand, we also represent our clients even if they have received a written warning due to copyright infrin­gement on their part. In such a case, we check whether such written warning is justified or not, and we show possi­bi­lities of how to come to a cost-effective agreement, or we prepare an optimal cease-and-desist decla­ration in order to avoid further disputes. If legal procee­dings become necessary owing to the fact that the arguments of the party or parties giving the warning do not promise success, there are doubts about their legal position, and they do not waive their alleged claims, we will also advise and support our clients in this phase.

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Written warnings regarding file sharing still occur very often. Even if a large portion of them is legitimate, we always find ways to support our clients. In this way, it can be ensured that faults committed by our clients or their children or employees do not become too expensive and the conse­quences of such faults remain manageable.

We check the written warnings thus received by our clients for their legitimacy, and reply to the lawyers of the opposing party by means of an adequate but – as far as possible – fairly restricted cease-and-desist decla­ration.  These modified cease-and-desist decla­ra­tions are regularly an appro­priate tool to response to the written warnings and to create the basis for settlement negotia­tions for the reduction of the asserted amounts of damage claims and the legal fees of the opposing party.

Recently the number of legal procee­dings has increased in this copyright segment, as well. However, there are always aspects which can be used in favour of our clients and which influence the outcome of the proceedings.

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The explo­itation of copyrighted works regularly requires contractual protection. In such cases, we support our clients by giving profes­sional advice in contract negotia­tions, and we check contract drafts for their legal and economic risks.

With regard to contract drafting, our clients benefit from our profes­sional expertise which allows the best possible protection of their interests and which always takes account of the principle of subse­quent conflict prevention during the contract period.

[/av_toggle] [/av_toggle_container] [av_textblock ] Do you have any further questions? Our foregoing general infor­mation cannot replace legal advice in individual cases. If you require legal advice or legal repre­sen­tation for your specific concern, we will be pleased to be at your disposal. Simply call or write us. 
  • Enfor­cement and defence of copyrights
  • Written warnings in case of copyright infringements 
  • Assertion of rights to infor­mation and/or claims for damages 
  • Defence in case of written warnings due to copyright infringement 
  • Provision of legal advice in connection with copyrights, also towards collecting societies 
  • Negotiating and drafting of licence agree­ments / usage agree­ments / explo­itation agreements
  • Prepa­ration and adjus­tment of terms of use (EULA) for software and user- generated content 
  • Exami­nation of copyrights and rights management
  • Repre­sen­tation in copyright litigations
  • Imple­men­tation of preli­minary injunction proceedings
  • Opposition procee­dings in case of preli­minary injunction proceedings 
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