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hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2909
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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Hi, I received a letter from a lawyer (from Hamburg) regarding

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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



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.



hhvgoetz and other German Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you,

Is it considered to be a criminal act?

Can you recommend one such lawyer?

Kind regards,



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).



Customer: replied 4 years ago.

What is your email please?

You can find it in my profile.

Customer: replied 4 years ago.

Were you paid or must i do something after rating?

Everything perfect. Did you find my E-Mail?
Customer: replied 4 years ago.
Actually No..




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