IPPC Law warning for B1 Recordings GmbH due to music use on www.instagram.com

We have received a warning from the law firm IPPC Law Rechtsanwaltsgesellschaft mbH from Berlin, which claims a copyright infringement on behalf of B1 Recordings GmbH from Berlin.

First of all: If you have received such a copyright warning, you are welcome to contact me for a free initial legal consultation at (Tel) 0251 / 208680-30 or via email [email protected]. If Specialist lawyer for copyright and media law I am well acquainted with the matter and have known the other side for years.

Subject of the warning

The subject of the warning is the accusation of unlicensed and therefore unauthorized use of a piece of music (HVME – Goosebumps) or a part of it in a video that is said to have been published commercially on Instagram. The piece of music is protected by copyright, making it publicly available (§ 19a UrhG) by the person warned therefore requires the consent of the rights holder B1 Recordings GmbH. In particular, reference is made to Instagram’s terms of use pointed out that rights from social networks could only be granted in the private sector, but did not provide a commercial right of use.

In fact, Instagram allows access to music libraries that are licensed for use on the platform and therefore also for private (non-commercial) use

) Use on Instagram is effective (§ 6 UrhDaG).

What does IPPC Law demand for B1 Recordings GmbH?

IPPC Law demands for B1 Recordings GmbH

• Elimination
• Failure to do so and submission of a cease and desist declaration subject to penalty
• Information
• Damages
• Reimbursement of expenses (flat-rate investigation fees and legal fees)

Tip: How do you behave after receiving such a warning?

In any case, pay attention to the deadlines set, but do not act hastily. Once a cease-and-desist declaration has been made, which leads to a cease-and-desist agreement, just like the information, it can hardly or never be taken back. We also advise against seeking direct telephone contact with the other party. On the one hand, it is hardly possible for a non-expert to respond properly to the allegations there anyway, and on the other hand, there is a risk that arguments used in defense can be countered later. Ultimately, there is no equality of arms in a phone call like this.

If a promise to cease and desist is to be made (there are alternatives to this), the delivery would have to be prepared correctly, the promise would in most cases have to be modified first and clarity should also be gained about the scope of the declaration. You will be supported by a lawyer who is knowledgeable in copyright law, who will also examine the merits of the claims, negotiate the payment claims if necessary and show you the options for action.

Dr. Wallscheid & Drouven – Free initial assessment by lawyers | Specialist lawyers

If you have also received a copyright warning, please take advantage of our offer of a free initial assessment. Our many years of experience with copyright warnings and our professional expertise enable us to provide you with competent support.

You can reach us at

TEL: 0251 / 208680-30

eMail: [email protected]

or about ours Direct help form ours Homepage

Seek legal advice immediately. ⁣It is crucial to understand‍ the details of the warning and assess the validity of the claims made. Engaging with a lawyer experienced in copyright law can ⁤help⁤ in formulating an appropriate response, potentially negotiating a‌ settlement, or, if necessary, defending ⁢against the ‍allegations in court. Being informed about one’s rights and⁣ responsibilities regarding copyright can significantly‍ influence the outcome of such situations

Interview with Dr. Christian Wallscheid, Lawyer and Partner at Dr. Wallscheid & Drouven, and a representative from B1 Recordings GmbH.

Question 1: Can you please ⁢introduce yourself ‍and your background in the ⁤field of copyright law and how it has prepared you to deal with⁢ cases like⁤ this?

Dr. ‌Christian Wallscheid: My name is Dr. Christian Wallscheid and I am a lawyer and partner at Dr. Wallscheid ⁤& Drouven. I ⁢have been working⁣ in the area of ​​media and copyright law for over 20 years.‌ In⁢ the course of​ this, I have dealt with numerous ⁣cases of alleged copyright ⁣infringement, both in court proceedings and out of court negotiations.

Question 2: Can you explain what the subject of​ the warning is and how it violates IPPC Law GmbH’s ⁤rights?

B1 Recordings GmbH Representative: The subject ​of the warning concerns the alleged use of a music track by HVME – Goosebumps without proper​ licensing or authorization from us, which is​ a clear violation of our copyrights. According to the terms‍ of use of Instagram, users are only allowed to upload music that they⁤ have the rights to use or are licensed for​ commercial use. In this case, it appears that⁣ the user did not have any such authorization.

Question 3: Can you⁤ explain the legal basis​ for​ your demands, such as the elimination of ⁣the infringement,​ cease and desist declaration, information, damages, and reimbursement of expenses?

Dr.​ Christian Wallscheid: Under German copyright ​law,‍ the rights holder has the exclusive‌ right to authorize the ⁣use of a protected work, ⁢including its​ reproduction, making available to the ⁢public, and distribution. By uploading the music track to Instagram without permission,⁣ the user infringed upon the rights holder’s rights, which entitles them to demand elimination of the infringement, a cease and desist ⁢declaration, information about the infringement, and damages, as well⁢ as reimbursement of expenses incurred in pursuing legal action.

Question 4: What advice would you give ⁢to someone who receives a copyright warning?

Dr. Christian Wallscheid: If someone receives a copyright warning, they⁣ should⁤ not act hastily and should