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- Dołączył
- 04.2017
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Witam posiadam portal ogłoszeniowy - niezbyt duży i niestety jeden z użytkowników musiał dodać zdjęcie które nie było jego autorstwa i otrzymałem na maila pismo od niemieckiej kancelarii, gdzie wysłali tylko link do ogólnej kategorii a nie do ogłoszenia. Oczywiście użytkownicy muszą zaakceptować regulamin, z którego wynika iż trzeba być autorem zdjęcia aby dodać ogłoszenie.
Poniżej treść maila, co robić w takiej sytuacji?
Dear Mr. XXX ,
I hereby notify you that I was entrusted to represent the legal interest of the photographer XX XX , Großbeeren xxx Photography Fotograf aus Großbeeren und Berlin[/url] ) in this specific matter. In my capacity as an attorney, I hereby verify that I am duly authorized to act in this matter.
In the name and on the authority of my client I must inform you of the following state of affairs:
I.
My client was made aware by ***mod*** that you have published a photograph taken by my client on the website under the URL
adres url .pl/nieruchomosci/domy
With this act of publication, you have violated the copyrights of my client.
The matter in dispute relates to the photograph reproduced in this letter which you are using in breach of the copyrights, with particular emphasis on the moral rights, of my client.
Your website has been secured to the extent necessary for use as evidence in court and will be produced by way of such evidence in the event that you should contest the claim.
No agency that my client works with confirmed a license purchase from your side. Should you have a valid license, please forward us the licensing agreement. Unfortunately you didn’t identify my client as the copyright owner as it would be due to an agreement.
II.
With the publication of the photograph, you have acted in violation of the copyrights due to my client as the holder of the copyright, in particular, the right to make works publicly available pursuant to section 19 a UrhG. There can be no doubt that the photograph is a copyrighted work within the meaning of the Copyright Act.
You are not entitled to disseminate the photograph, as you have done in flagrant disregard of the copyrights and moral rights of my client. The appropriation of third-party photographs without the consent of the rights holder represents a violation of copyright law. At no time did my client agree to the publication of the contested photograph in its present form.
The deliberate act of incorporating the photograph into your website is sufficient reason for us to assert the contested use by you of the photograph in question. It has no bearing on the claims in the present matter whether the rights of my clients have been deliberately or merely accidentally violated. Instead, the sole focus of the present matter is on the fact that the photograph was used without consent in the manner described above.
III.
To effectively rule out the risk of any recurrence, it is necessary to issue a cease and desist declaration enforced by a penalty for the future.
I therefore request that a declaration to cease and desist is submitted by
25.06.2019.
On the last page of this letter you will find a pre-formulated declaration to cease and desist enforced by a penalty, which you are at liberty to use. A jurisdiction clause is common practice that goes beyond the infringement notified. The reimbursement of damages and legal fees is a legal obligation and the placement thereof in the declaration also goes beyond the infringement notified. The reimbursement of damages and legal costs and the declaration to cease and desist are two claims that are not connected to each other. You are, of course, also free to draft your own declaration to cease and desist. I would, however, draw your attention to the risk that an incorrectly or inadequately formulated declaration may not be sufficient to obviate the risk of reoffending.
If we do not receive a signed declaration to cease and desist from you by the stipulated deadline, we will assume that you have declined to accept this obligation. In this case, I am instructed to take further legal action immediately.
IV.
Due to the unlawful use of photography by your party, we request you to pay damages. The amount of compensation depends, among other factors, on the duration of illegal use. For this reason, based on § 101 UrhG, we ask you to provide information. Please state for how long the subject of infringement was publicly available on your website.
In addition, in accordance with § 101 UhrG, you are also obliged to provide full information on a possible larger extent of the use of the photograph in question. Claims related to such extensive use are explicitly reserved.
Should you wish to claim that your party is not responsible for the copyright infringement, according to § 101 UhrG we claim for information in that regard. In such case, please provide all data at your disposal within the stipulated deadline as to who made the photograph in question publicly available.
We hope that a lawsuit won’t be necessary and we will help you with any questions you may have.
Yours faithfully,
Poniżej treść maila, co robić w takiej sytuacji?
Dear Mr. XXX ,
I hereby notify you that I was entrusted to represent the legal interest of the photographer XX XX , Großbeeren xxx Photography Fotograf aus Großbeeren und Berlin[/url] ) in this specific matter. In my capacity as an attorney, I hereby verify that I am duly authorized to act in this matter.
In the name and on the authority of my client I must inform you of the following state of affairs:
I.
My client was made aware by ***mod*** that you have published a photograph taken by my client on the website under the URL
adres url .pl/nieruchomosci/domy
With this act of publication, you have violated the copyrights of my client.
The matter in dispute relates to the photograph reproduced in this letter which you are using in breach of the copyrights, with particular emphasis on the moral rights, of my client.
Your website has been secured to the extent necessary for use as evidence in court and will be produced by way of such evidence in the event that you should contest the claim.
No agency that my client works with confirmed a license purchase from your side. Should you have a valid license, please forward us the licensing agreement. Unfortunately you didn’t identify my client as the copyright owner as it would be due to an agreement.
II.
With the publication of the photograph, you have acted in violation of the copyrights due to my client as the holder of the copyright, in particular, the right to make works publicly available pursuant to section 19 a UrhG. There can be no doubt that the photograph is a copyrighted work within the meaning of the Copyright Act.
You are not entitled to disseminate the photograph, as you have done in flagrant disregard of the copyrights and moral rights of my client. The appropriation of third-party photographs without the consent of the rights holder represents a violation of copyright law. At no time did my client agree to the publication of the contested photograph in its present form.
The deliberate act of incorporating the photograph into your website is sufficient reason for us to assert the contested use by you of the photograph in question. It has no bearing on the claims in the present matter whether the rights of my clients have been deliberately or merely accidentally violated. Instead, the sole focus of the present matter is on the fact that the photograph was used without consent in the manner described above.
III.
To effectively rule out the risk of any recurrence, it is necessary to issue a cease and desist declaration enforced by a penalty for the future.
I therefore request that a declaration to cease and desist is submitted by
25.06.2019.
On the last page of this letter you will find a pre-formulated declaration to cease and desist enforced by a penalty, which you are at liberty to use. A jurisdiction clause is common practice that goes beyond the infringement notified. The reimbursement of damages and legal fees is a legal obligation and the placement thereof in the declaration also goes beyond the infringement notified. The reimbursement of damages and legal costs and the declaration to cease and desist are two claims that are not connected to each other. You are, of course, also free to draft your own declaration to cease and desist. I would, however, draw your attention to the risk that an incorrectly or inadequately formulated declaration may not be sufficient to obviate the risk of reoffending.
If we do not receive a signed declaration to cease and desist from you by the stipulated deadline, we will assume that you have declined to accept this obligation. In this case, I am instructed to take further legal action immediately.
IV.
Due to the unlawful use of photography by your party, we request you to pay damages. The amount of compensation depends, among other factors, on the duration of illegal use. For this reason, based on § 101 UrhG, we ask you to provide information. Please state for how long the subject of infringement was publicly available on your website.
In addition, in accordance with § 101 UhrG, you are also obliged to provide full information on a possible larger extent of the use of the photograph in question. Claims related to such extensive use are explicitly reserved.
Should you wish to claim that your party is not responsible for the copyright infringement, according to § 101 UhrG we claim for information in that regard. In such case, please provide all data at your disposal within the stipulated deadline as to who made the photograph in question publicly available.
We hope that a lawsuit won’t be necessary and we will help you with any questions you may have.
Yours faithfully,
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