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Recent Copyright Infringement questions
I received the following email from a lawyer in Germany:
Hi,I received the following email from a lawyer in Germany:Infringement of Copyright: Stanzel / Enrico Massetti (45-00110)Dear Mr. Enrico Massetti,I hereby notify you that the photographer Karl Stanzel, Meran (www.stanzel.info) 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 URLhttp://www.tangoitalia.com/recipes_ice/recipe_pandoro.htm.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 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. ....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 by 28 June 2016.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. ...We hope that a lawsuit won't be necessary and we will help you with any questions you may have.Yours faithfully,Rechtsanwalt Robert FechnerI deleted the photo from my site, but I received the following email:Dear Sir or MadamEnrico Massetti,In the case Stanzel / Enrico Massetti I refer to the previous correspondence. In my last writing I made you aware of your infringement of my clients 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:Monolingual Subpage, 27.03.2013 – 21.06.2016 465.00€Worldwide use (+120%) 558.00€Subtotal 1.023.00€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 € 20.00Total legal costs € 551.00I NEED ADVICE ON WHAT O DO,Thank you in advnceEnrico Massetti
We are a publisher. One of our authors has been missing ten
We are a publisher. One of our authors has been missing for over ten years. Her book is still in print and I know that her daughter has been receiving the checks and depositing them. I don't know if she is depositing them into the authors account of the daughters account. We don't have a problem with the daughter getting the money since we always continue to pay a deceased author's royalties to their heirs. Our problem is the heirs have never contacted us and we have no way of contacting them. Now we would like to publish the mother's work as a condensed version. Can we do this without a contract with the heirs?
A company formed in '06 as an LLC in VA. They collected
A company formed in '06 as an LLC in VA. They collected investor funding but the business did not move forward. In '08, that business was no longer an LLC and no longer attempted to conduct any business. In 2016, I was given a business plan from that '06 company by one of the original investors and copied a few pages of legal jargon from theirs into docs we are using in a new LLC; parts of the operating agreement and subscription agreement. Completely separate businesses, no relation to each other at all. The owner of the '06 business caught wind that I used some of the language in his old agreements and is now attempting to say we have violated copyright laws by copying the legal jargon which he paid counsel to draft for him in '06. My question is... if those agreement were from a now defunct LLC, can this guy sue my company for copyright violation for use of the old agreements from an LLC which has been out of business since '08?
I am wondering about possible copyright infringement. I have
I am wondering about possible copyright infringement. I have a small business doing leather work. I have been asked to make a pair of leather suspenders with tattoo flash hand tooled and painted for the design. The flash art was from the Internet and I cannot find the original artists name to ask permission. Would this be a violation.
This question is related to Software Licencing/Copyright
Hello,This question is related to Software Licencing/Copyright infringement for online coursesI want to build some online courses to teach people how to install, use and customize a company software that is normally sold for production use under software licence agreement .This software company offers to its customers some training programs on site or in academy. But ,I would like to propose my own online courses with demo of the software.I could download the full proprietary software thanks to my employer partnership with the software company. The company also let its partner install and run the software without licence if it is just for demo/evaluation purpose.Also the software company propose to its comunity , the free edition of the product for self-training and testing of IT software developpers.Since I want to install the full product in my environment to record product demos, I would like to know if there are any Licence/copyright infringements that I will be exposed by creating these online courses.Thank you for your answer or redirection to an apropriate adviserLooking forward to hear about youBest Regards
Got a letter from Concast with subpoena regardingView more legal questions
Got a letter from Concast with subpoena regarding downloading movie with copyrightJA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: Just got the letter today, Comcast said that I need to file a motion to squash or else they will send my information to LHF productionsJA: OK. The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.Customer: LHF filed a lawsuit in the United States District court for the Northern district of Illinois about the IP address that downloaded something I guess a movie which is allegedly infringing LHF ProductionJA: Is there anything else the Lawyer should be aware of?Customer: I used Utorrent to download movie and after watching I delete the file.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.