Copyright infringement Germany · Abmahnung
Germany is one of Europe’s most effective venues for enforcing copyright. Courts act quickly, preliminary injunctions are available within days, and out-of-court cease-and-desist letters resolve many disputes without litigation. As German copyright lawyers we act for foreign and domestic rights holders – and for businesses and individuals who have received a warning letter.
Claims under German copyright law
Where a work or a related right is used without permission, the German Copyright Act (UrhG) grants the rights holder the following claims:
- Injunctive relief (Section 97(1)) – against current infringement and, where there is a risk of repetition or first infringement, against future infringement. Fault is not required.
- Damages (Section 97(2)) – in the case of intent or negligence, calculated at the claimant’s choice as actual loss, the infringer’s profit or a reasonable licence fee (licence analogy). Authors may also claim compensation for non-pecuniary damage in serious cases.
- Information and accounting (Section 101 and general principles) – about origin, distribution channels and quantities, also against third parties such as platforms or internet service providers.
- Removal, destruction and recall of infringing copies (Section 98).
- Inspection and preservation of evidence (Section 101a).
The cease-and-desist letter (Abmahnung)
Before going to court, the rights holder should send a cease-and-desist letter (Section 97a). It identifies the infringement and requests a declaration to cease and desist backed by a contractual penalty (strafbewehrte Unterlassungserklärung). If the infringer signs, the risk of repetition is removed and court proceedings are usually unnecessary. A justified warning letter entitles the rights holder to reimbursement of the necessary legal fees; for private individuals, the recoverable fees are capped in many cases (Section 97a(3)). Without a prior warning letter, the claimant risks bearing the costs if the defendant immediately acknowledges the claim in court.
Preliminary injunctions
Where urgency exists, German courts issue preliminary injunctions (einstweilige Verfügung), often without an oral hearing. Urgency is generally assumed only if the rights holder acts promptly after learning of the infringement – many courts expect an application within about one month. Credible evidence (Glaubhaftmachung), for example by affidavit and documented screenshots or test purchases, is sufficient. A preliminary injunction can be enforced immediately with administrative fines. Defendants who expect an application can file a protective letter (Schutzschrift) in the central electronic register to be heard first.
Main proceedings and damages
If the dispute is not resolved, the claims are pursued in main proceedings before the regional courts (Landgerichte), many of which have specialised chambers for copyright. Damages are typically calculated by licence analogy: what would reasonable parties have agreed for the use? Industry tariffs, the rights holder’s own licensing practice and, for photographs, established fee tables serve as guidance. A surcharge may be awarded for missing attribution. Claims are usually time-barred three years after the end of the year in which the claimant learned of the infringement and the infringer’s identity.
For foreign rights holders
Studios, labels, publishers, photographers and software companies from outside Germany can enforce their rights here on the same footing as German nationals. We secure evidence in a form accepted by German courts, send the warning letter, apply for preliminary injunctions and coordinate parallel steps in other EU countries. We report in English and explain each step and its costs in advance.
If you received a warning letter
Do not ignore it and do not sign the enclosed declaration unchecked. Deadlines are short. We review whether the claim is justified, whether the claimant actually holds the rights, and whether the amounts demanded are appropriate. Often a modified declaration limits the obligations and the contractual penalty. Where the claim is unfounded, we reject it and, if necessary, file a protective letter.
Online platforms and intermediaries
Upload platforms are directly responsible under the Copyright Service Providers Act (UrhDaG) unless they make best efforts to obtain licences and block notified content. Hosting providers and marketplaces must act on notices under the Digital Services Act. We use these mechanisms alongside court action and also advise platforms on compliance.
Cross-border infringements
When the infringer sits in another EU member state or outside the EU, jurisdiction, applicable law and enforcement must be planned together. More on enforcement in the EU and international matters.
Frequently asked questions
How fast can a preliminary injunction be obtained?
In clear cases within a few days of filing. The decisive factor is acting promptly after discovering the infringement.
I received an Abmahnung – should I sign the declaration?
Not without legal review. The declaration is a binding contract with a penalty for each breach, often for life. A tailored, modified declaration is frequently sufficient.
Who pays the legal costs?
A justified warning letter obliges the infringer to reimburse the necessary fees; in court, the losing party generally bears the costs according to statutory scales.
Facing an infringement or a warning letter?
Time matters. Call +49 511 35 73 56-0, email info@dieurheberrechtler.de or visit copylawyers.com.
Deutsche Fassung: Urheberrechtsverletzung · Abmahnung