How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask hhvgoetz Your Own Question

hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1746
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
Type Your German Law Question Here...
hhvgoetz is online now
A new question is answered every 9 seconds

Hi, I received a letter from a lawyer (from Hamburg) regarding

Customer Question

Hi,
I received a letter from a lawyer (from Hamburg) regarding unpermitted use of information (map) on an ad i published on immowelt for the sale of an asset.
Asset was purchased (for 4,000) by me through the internet auction. At the auction's website it was published by a description of the asset on their website, as well as variable images such as plans, pictures of the building etc, images of maps and plans were scanned i guess by the auction.
I would like to send you here
the letter of the lawyer
all the information I printed from the Expose
AGB of the auction house
so you can tell me how to proceed, and what are my rights and faults.
The way I see things, all images were a description of the object and I am naturally allowed to use them (it said nowhere it is not allowed on the image).
What should I write the lawyer bacK?
Thanks and regards
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Hi,

 

there are several lawyer who are in this business of controlling author's rights for their clients.

 

In these cases in order to reduce the costs it is vitally important to respect the short time period established for reaction. If you don't do so and don't even call the risk is high of receiving a preliminary court order (Einstweilige Verfügung) which makes the whole issue mor expensive. The lawyer cannot wait more that 1-2 weeks for your reaction without loosing the right to take preliminary court action in order to make sure that you won't continue violation the author's rights or will do it again.

 

However, never do sign the prepared form (Unterlassungserklärung) which comes with the lawyer's letter. Usually it goes further than necessary and may cut off possibilities to reduce costs of the lawyer and damages or reduce the risk in breaking the agreement of not repeating the violation (Vertragsstrafe) which may become even more expensive.

 

In any case, the fact that you may no have known that it is not legal to abuse author's rights will not help. No author is obliged to tell you even if you can access the information for free. It is just the other way round: The author has to give you explicit permission to use his work.

 

Thus, you should immediatly attend a lawyer near you doing intellectual property law (Urheberrecht) in order to check all the paper work. Talk about the costs beforehand, but you should calculate around 200 Euros. The money will be well invested.

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1746
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and other German Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you,


Is it considered to be a criminal act?


Can you recommend one such lawyer?


Kind regards,


 

Expert:  hhvgoetz replied 1 year ago.

No,

this is only a civil case. It costs primarily money.

 

 

 

If you prefer a lawyer near your residence, make sure he actually has experience in intellectual property lawyer (Fachanwalt is not absolutely necessary).

 

Regards

Customer: replied 1 year ago.

What is your email please?

Expert:  hhvgoetz replied 1 year ago.

You can find it in my profile.

Customer: replied 1 year ago.

Were you paid or must i do something after rating?

Expert:  hhvgoetz replied 1 year ago.
Everything perfect. Did you find my E-Mail?
Customer: replied 1 year ago.
Actually No..
Expert:  hhvgoetz replied 1 year ago.

hhvgoetz(ät)aol.com

 

Regards

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • RA Schiessl

    Attorney

    Satisfied Customers:

    12
    Attorney-at-law with more than 16 years of experience - board certified specialist.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/RASchiessl/2013-3-18_10659_1.64x64.JPG RA Schiessl's Avatar

    RA Schiessl

    Attorney

    Satisfied Customers:

    12
    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • http://ww2.justanswer.com/uploads/SC/SchiesslClaudia/2013-11-27_153731_unnamed2.64x64.jpg legal eagle's Avatar

    legal eagle

    Attorney

    Satisfied Customers:

    535
    20 years of experience in all kinds of law, especially employment law and family law.
  • http://ww2.justanswer.com/uploads/HH/hhvgoetz/2012-9-26_165512_DSC05932KopieKopie.64x64.JPG hhvgoetz's Avatar

    hhvgoetz

    Rechtsanwalt, LL.M.

    Satisfied Customers:

    94
    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • http://ww2.justanswer.com/uploads/a.merkel/bwbilda.jpg a.merkel's Avatar

    a.merkel

    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    62
    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor