You have received a letter from Germany about a photograph. It may be a formal warning letter, a licence demand or merely a request for information. German copyright law is strict, the deadlines are short, and the amounts claimed are often higher than the actual market value of the image. We assess the claim and defend what is unfounded.
Who is sending these letters
- ECR European Copyright Research on behalf of dpa Picture-Alliance and ddp media, by post. It usually starts as a request for information. Answering it without advice regularly triggers a specific payment demand.
- RD Legal, formerly COPYTRACK and before that Pixlegal. Automated image search, then an email offering a retrospective licence of around 450 euros or damages of around 350 euros. No cease-and-desist declaration is demanded, so formally this is not a warning letter.
- Frommer Legal for Image Professionals GmbH, sending classic mass warning letters.
- Dr. Torsten Schröer for the picture agency Blickwinkel, sending requests by email.
Request or formal warning: the difference decides your response
A warning letter under section 97a of the German Copyright Act identifies the infringement, demands a cease-and-desist declaration with a contractual penalty and sets a deadline. A request for authorization merely asks about the rights position. ==Both require a response, but a different one.== Treating a request like a warning letter and providing information or payment often creates the very basis for the claim. Ignoring a genuine warning letter risks an interim injunction.
How damages are calculated
German courts generally apply the licence analogy: what would reasonable contracting parties have agreed for this specific use? In practice the tariff tables of the Mittelstandsgemeinschaft Foto-Marketing (MFM) are frequently cited. These reflect the pricing expectations of professional image suppliers and are not automatically the objective market value, particularly for simple product shots or images from free databases.
Where the photographer has not been credited, the amount is regularly increased, often by doubling it. That surcharge is not automatic either: it depends on whether crediting was customary and owed.
Get in touch or have your letter reviewed free of charge through our assessment form.
Frequently asked questions
I am not based in Germany. Does German law even apply?
Frequently yes. German copyright law applies where the use has an effect on the German market, for example where a website is directed at German users or accessible to them in German. Your own place of business is not decisive on its own.
I only received a request, not a warning letter. Do I have to reply?
A request for authorization does not oblige you to provide information. It often serves to prepare a formal claim, and what you disclose may become its basis. A review is therefore particularly worthwhile at this stage.
The image came from a free stock database. Does that help?
Possibly, but not automatically. What matters are the licence terms and whether they covered your specific use, including commercial use and editing. Crediting is often mandatory even for free images.
How are the damages calculated?
By licence analogy: what reasonable parties would have agreed for this use. Tariff tables are frequently cited but do not automatically reflect the objective market value.
Why does the amount double if the photographer is not credited?
Because failing to credit is a separate infringement of the moral right under section 13 of the German Copyright Act. The surcharge is not automatic and depends on whether crediting was owed and customary.
I removed the image long ago. Is the matter closed?
No. Claims for damages and costs that have already arisen remain. Removal may, however, be relevant to whether there is a continuing risk of repetition.
Should I sign the enclosed declaration?
Not in the form provided. It is regularly drafted too broadly and binds you permanently with a contractual penalty. A modified declaration can remove the risk of repetition without conceding more than necessary.
What happens if I ignore the letter?
The claimant may seek an interim injunction or bring proceedings. Costs then rise considerably, and a German judgment can be enforced in other EU member states.
Related pages
- Have a letter reviewed: free initial assessment.
- File sharing warning letter: the other frequent German mass phenomenon.