I have a question similar to this one here ( - I received a
Robert, I have a question similar to this one here (http://www.justanswer.com/intellectual-property-law/a3nth-received-copyright-infringement-notice.html) - I received a letter from a German law firm representing an amateur photographer via www.photoclaim.com, Dear Sir or Madam,I hereby notify you that the photographer Josef Hofer, St. Radegund, has entrusted me with the representation of its legal interests in this specific matter. In my capacity as 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 www.photoclaim.com that you have published a photograph taken by my client on the website under the URLhttps://lepapierstudio.com/blogs/blog?page=32With 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 reference to the moral rights, of my client.Your website has been secured by our firm 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 any agreement.II.With the publication of the photograph you have acted in violation of the copyrights due to my client as holder of the copyright, in particular the right of distribution pursuant to section 17 of the German Copyright Act (UrhG), as well as 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 cause 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 penalty for the future.I therefore request that a declaration to cease and desist is submitted by18 May 2017.On the last page of this letter you will find a pre-formulated declaration to cease and desist enforced by 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 actJA: Do you have a registration record?Customer: nope, it wasn't provided. the image they were referring to was used on a blog post in 2012, along with a source where the image came from attached to it. It wasn't used for commercial use...just a personal blog post.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: I have since taken the image down, BUT i made the mistake to sign the cease and deceit letter - which clearly I didn't read carefully. The letter started I can be responsible for charges . I thought signing the letter and taking the image down was enough. well lawyer emailed back today with thisJA: Anything else you want the lawyer to know before I connect you?Customer: In my last writing, I made you aware of your infringement of my client's copyright. This infringement of my client's copyrights obliges you to pay compensation in pursuance of section 97 UrhG.By the way of license analogy, you have to pay my client the usual licensing fee. To provide a high degree of transparency, my client applies the fees of the MFM-tables (Mittelstandsgemeinschaft Foto-Marketing) that represent an industry average fee and that are taken by the German courts to determine the fair compensation of a photographer. In your case this fee is:Photo 1:Online Use,Subpage26.04.2011 - 05.05.2017930,00 €Subtotal930,00 €Worldwide reach (+120%)1 116,00 €Subtotal2 046,00 €Lack of indication of source (+100%)2 046,00 €Total4 092,00 €Grand Total4 092,00 €According to the law you also have to reimburse my client for the costs incurred by my involvement in this matter through the reimbursement of the business fee pursuant to no. 2300 of the remuneration schedule (VV) appended to the Lawyers' Remuneration Act (RVG), as follows:Value in dispute € 6,000Business feeSections 2, 13, RVG, no. 2300 VV RVG (sentence 1.5)€ 531.00Flat rate expenses no. 7002 VV RVG€ 20.00VAT 19% , § 13 Abs.1 RVG, no. VV 7008€ 104.69Total legal costs€ 655.69You also have to pay for the cost of the documentation of the infringement, which is an amount of EUR 95.00. Our client has ordered the documentation service pixdetect UG to secure evidence usable in court. The documentation costs adequately represent a causal and unavoidable loss for my client and therefore you must reimburse this sum. As our client is not entitled to deduct VAT, note that the number mentioned is merely a net-sum. The full amount is 113.05€.Regarding the eligibility of copyright documentation costs, see those representative examples of the following judgments:AG Hamburg, Entscheidung vom 13.03.2012, Az. 26a C 84/12, AG Hamburg, Entscheidung vom 14.06.2012, Az. 35a C 40/12, AG Hamburg, Urteil vom 17.10.2011, Az. 36A C 368/10, AG Berlin-Charlottenburg, Urteil vom 29.11.2012, Az. 210 C 63/12, AG Stuttgart, Urteil vom 26.09.2012, Az. 50 C 4382/11, AG Berlin-Charlottenburg, Urteil vom 20.11.2012, Az. 225 C 196/12, AG Berlin-Charlottenburg, Urteil vom 02.09.2014, Az. 225 C 34/14, AG Berlin-Charlottenburg, Urteil vom 05.02.2009, Az. 239 C 282/08, AG Berlin-Charlottenburg, Urteil vom 08.08.2013, Az. 210 C 6/13, AG Stuttgart, Urteil vom 10.7.2012, Az. 2 C 3327/11, AG München, Entscheidung vom 31.03.2010, Az. 161 C 15642/09, AG Charlottenburg, Entscheidung vom 29.11.2012, Az. 201 C 273/12, LG Hamburg, Entscheidung vom 17.04.2009, Az. 308 O 612/08.You are therefore required to make a total payment of:DamagesDocumentation€ 4 092.00€ 113.05Legal fees€ 655.69Grand total€ 4 860.74We expect receipt of this amount no later than 29 May 2017 to the bank account stated on the first page of this letter. Should you fail to make the above-mentioned payment by the specified deadline, my client instructed me to take further legal action.Sincerely,Filipp Bickel--Rechtsanwalt Filipp J.A. BickelAttorney at Law (Germany)Philippistr. 814059 BerlinTel.: 0170 / 77 46 404Fax: 0049 32 12 77 88 889eMail:***@******.***Web: ra-filipp-bickel.deIBAN: DE69100500000190169737BIC: BELADEBEXXXThis e-mail including its attachments contains confidential and/or privileged information intended only for the use of the named recipient and is subject to the attorney-client privilege. If you are not the intended recipient (or have received this e-mail in error) delete it.
I had been consulting with an attorney regarding my family's
I had been consulting with an attorney regarding my family's trust accounts. He was also the attorney that drafted/created the trusts for my parents as the gran-tor's. In addition he represents my parents for any other legal matters. I had also retained and paid him the the past to create wills for my husband and I. Well over the last few years I would call him from time to time with a question regarding the scope of our trusts, and especially my children's since they were irrevocable educational and/or crummey trusts in regards ***** ***** they would pay for while my children were enrolled in school. So each time I would call with a question it would end up being about a 10 minute phone at the most. I ALWAYS prefaced or ended the conversation with the statement that I fully expected to be billed for this time. When I was not billed, I called his accounting department and was told that he did not submit the time to be billed to me. I again contacted him and told him to bill me for his time as I was sure I would have more questions in the future. Then one day I called him and asked him if he could offer me basic help in getting someone to stop harassing me. It happened to be my daughter's ex-boyfriend and his mother as our children had a child together and their calls to me were about things I had no legal control over, as I was only this child's grandmother and had no legal rights over the things they would harass me about. Again I told this attorney to bill me for his time. Then about 2 weeks later I got a phone call from my father telling me that HE had been getting my bills, had been paying them and wanted to know what I was asking about regarding harassment. He also told me that the bill was getting quite high and I had to call hm and tell him what I would be asking this attorney prior to calling him since HE was paying the bill. I am 50 years old.... This created an enormous rift between us. I have addressed it with the attorney and asked that the bills be retracted, my dad's money refunded and the bills sent to me. This has not been done. So I was wondering what lines of confidentiality he crossed and if I report him to the state bar association what could happen to him. At this point and with the havoc this has caused between my father and I, I hope for the full extent.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: See my questions aboveJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Iowa, but I can't imagine the attorney client privilege is that different in ANY state.JA: Has anything been filed or reported?Customer: To the bar association like a complaint?JA: Anything else you want the lawyer to know before I connect you?Customer: no
My son (20yrs), a college student was on campus in the
My son (20yrs), a college student was on campus in the middle of the day, showing a friend (who was going to Colorado) how to drive in the snow and recover from a skid. They were in a campus gravel lot and were not near any people or objects. The campus police came to him and gave him a ticket for “laying drag” a Georgia statue. My son requested the body cam video from the police department for two weeks, but there were always delays from the police. Finally the court date came (and still no video) and the solicitor offered the ole' “$99, no points, no reporting, etc.” so he took it. While what he did with his car/friend wasn't the smartest thing to do, he didn't meet the statue description, but frankly none of that matters, he paid the $99 and that is over. HOWEVER, now we finally have the body cam video from the officer, and it is a bit disturbing. The cop is a real jackass, and is AGGRESSIVE from the initial encounter. Puts him in handcuffs and puts him in the back of the cop car, when it appears that my son was being pretty respectful. Cop will never answer any questions, and even after 2nd cop appears won't let him out of the hand cuffs. The 2nd cop even ask if she can release him (because she knows my son) and the cop just says yes, then change his mind and says no, just let him sit there.SO, my question is was: A. the cop within his “rights” to do what he did? He was just having a bad day, and was a jerk, but was within his rights. OR B. did he violate any 4th amendment rights (or other) of my son?Again, my question is not about the “laying drag” violation, that is over with, and that just a learning experience for my son.I can share the 24 minute video, but would need to know that it is protected by attorney client privilege, and that it would never leave your hands.JA: Because traffic laws vary from place to place, can you tell me what state this is in?Customer: GAJA: Has anything been filed or reported?Customer: Have you read my write up?JA: Anything else you want the lawyer to know before I connect you?Customer: no.