September 2024 – New Tiktok account warnings from B1 Recordings GmbH of the law firm IPPC LAW and Daniel Sebastian because of Jaxomy x Agatino Romero x Raffaella Carrà – Pedro Song
Once again, numerous warnings are issued to B1 Recordings GmbH from Berlin by the IPPC LAW law firm of lawyer Daniel Sebastian. We were once again presented with warnings that were particularly noticeable because of the high demands they contained. The warnings are issued due to alleged violations of copyright or alleged exclusive rights to the sound recording “Jaxomy x Agatino Romero x Raffaella Carrà – Pedro” and a remix thereof.
We have already reported (click here) and (click here)
What is accused in the warnings from the law firm IPPC Law by the lawyer Daniel Sebastian for B1 Recordings GmbH?
Specifically, the warnings are about alleged exclusive rights to the song Jaxomy x Agatino Romero x Raffaella Carrà – Pedro. The exclusive rights to this song are said to belong to the warning party, B1 Recordings GmbH from Berlin. All those warned are accused of having made the audio recording or parts of the audio recording of the song Jaxomy x Agatino Romero x Raffaella Carrà – Pedro publicly available via TikTok, Instagram and other social media services. For all those warned, this should have been done in a commercial context and not privately. It is claimed that social networks and their terms of use only allow the granting of rights for the private sector, but not for the commercial sector. For this reason, those warned are entitled to, among other things:
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Elimination of the impairment in accordance with Section 97 I UrhG
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Omission according to § 97 I UrhG
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Information about the duration of use and the scope in accordance with Section 101 of the Copyright Act
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Compensation for damages according to § 97 II UrhG
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Reimbursement of legal costs in accordance with Section 97a III UrhG
What is wrong with the warnings from the law firm IPPC Law by the lawyer Daniel Sebastian for B1 Recordings GmbH?
The warnings always claim that the rights of B1 Recordings GmbH are being violated on a massive scale and that an investigative company has therefore been commissioned to monitor the Internet and especially social networks for legal violations. It is claimed that the alleged violation of the law can be clearly attributed to the person warned and that extensive evidence has been secured.
Based on the alleged legal violations, not insignificant payment claims are asserted in addition to the demand to submit a cease and desist declaration. Here, the warning creates a significant threat and claims that claims for damages in a range between 2,000 and 10,000 euros are easily conceivable. 10,000 euros were paid for a month-long social media campaign.
The number of warnings issued is considerable. Warnings should always be taken seriously.
The demand in the warning from the law firm IPPC Law by the lawyer Daniel Sebastian for B1 Recordings GmbH?
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1,500 euros in damages for B1 Recordings GmbH
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Reimbursement of legal fees amounting to 1,214.99 euros
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Payment of investigation costs amounting to 148.75 euros
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Submission of a cease-and-desist declaration subject to penalty
Total demand from the law firm IPPC Law through the lawyer Daniel Sebastian for B1 Recordings GmbH for the use of the song Jaxomy x Agatino Romero x Raffaella Carrà – Pedro i.e. 2,863.74 euros – What should be done?
We advise
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not to ignore the writing,
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not to let the deadlines pass unnoticed,
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not to sign a cease and desist declaration without first checking it,
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not to recognize any claims without prior legal examination,
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not to make any payments without prior legal review,
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and not to contact the other party without first examining the allegations.
