DMCA Takedown Notice: How to Issue a Copyright Infringement Notice in Germany

In Germany, the copyright holder can

• Issue warnings, cf. § 97a UrhG,
• take legal action,
• and co-operate with the platform operators to obtain the removal of the material promptly.

The warning is a mandatory step before initiating legal proceedings. Only if the warning is not complied with can an injunction be sought. § 2 UrhG regulates what is protected by copyright:

(1) Protected works in the field of literature, science and art are in particular:

1. Literary works such as written works, speeches and computer programs;
2. Musical works;
3. Pantomime works, including dance works;
4. Artistic works, including works of architecture and applied arts, as well as designs of such works;
5. Photographic works, including works produced by processes similar to photography;
6. Cinematographic works, including works produced by cinematographic processes;
7. Illustrations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and three-dimensional representations.

If you find yourself in such a situation where you need legal advice on German copyright law and the remedies for such infringements, don’t hesitate to contact our German copyright lawyers.

Of course, copyright law also applies to digital works. However, copyright infringement can become a cross-border issue once your material is online. This can make it challenging to track down the copyright infringer. Nevertheless, the author is entitled to an injunction and possibly compensation. A relevant question in digital copyright law is whether and to what extent internet providers are liable for copyright infringements, especially if the actual copyright infringer cannot be identified.

Although the DMCA is a US legal provision, it may be of use to German copyright holders as the copyright infringement may have originated in the US. Conversely, the US copyright holder’s material may have been infringed on by someone in Germany, whereupon they issued a DMCA takedown notice as a countermeasure. The DMCA implements two World Intellectual Property Organisation (WIPO) treaties to which both Germany and the USA are parties. The DMCA notice can be understood as a warning from the copyright holder. If copyright infringers do not react accordingly, they must expect further legal action.

Especially in the digital space, not everything that is possible is permitted. In particular, it should be noted that images, films, videos, songs, associated melodies, lyrics, and software may not simply be copied from the Internet. This primarily concerns unauthorised reproductions, file sharing and illegal streaming. Of course, copyright can also be infringed without intent. In such a case, the warning letter issued serves as a notice. If the infringer complies with the warning, no further action will usually be taken.

If you are unsure whether you are already infringing copyrights or could infringe them with imminent actions, please get in touch with our lawyers for advice. This will ensure that the content of your website or social network profiles is legally compliant, and you do not have to worry about becoming liable for damages.

Our legal team advises both copyright holders and those confronted with allegations of copyright infringement. For copyright owners, our legal team will assess the alleged infringement and whether the case in question constitutes a legally relevant copyright infringement against which legal action can be taken. If copyright infringement is the case, our lawyers will provide competent and committed legal representation to enforce your claims quickly and effectively. As part of our full service, we will regularly review the infringing content or websites to ensure that no further copyright infringement occurs and that the infringing content remains permanently deleted. In addition, we offer our corporate customers and private individuals comprehensive prevention measures: The anti-piracy strategies we develop comply with current standards and are always customised to your needs.

For those accused of copyright infringement, working with an experienced copyright attorney is advisable to ensure that the injunction has been properly issued. All too often, those who have been served with such an order do not take the step to challenge it, even when a challenge might be successful. Please leave it to our team of legal experts to analyse your case and decide whether the allegation should be contested. Should the case require it, our team will advise and support you in drafting a counterstatement.

Our clients know they can rely on us in times of crisis. Please do not contact us to benefit from our expertise and experience.