We are currently receiving warnings from the law firm JBB Rechtsanwälte from Berlin, which are being sent on behalf of Sky Deutschland Fernsehen GmbH & Co. KG for alleged copyright infringements on sports rights.
In the letter, the addressee is held up to the warning that he has publicly played a game of the Bundesliga and / or 2. Bundesliga and / or the Champions League and / or the DFB Cup in a permanent establishment on a station that is not broadcast by Sky Deutschland, without this for the latter Location a contract would be concluded that grants him the necessary rights of use.
However, this is necessary because Sky Deutschland holds the exclusive rights of the public reproduction of broadcasts according to 22 UrhG to the live signal of the game encounters, which is why the reproduction is only permitted with one of the subscription contracts offered by Sky Deutschland.
With the warning, the law firm requests the warned person to submit a declaration of cease and desist with criminal penalties. Furthermore, a license damage in the amount of 6.08.00 EUR is asserted, which would be reduced to 500.00 EUR in the event of a quick settlement if one were to conclude a subscription contract.
In the second letter at the latest, legal fees will be claimed from a 1.3 fee from a value in dispute of 25,000.00 euros. At the same time, there is a threat that additional costs may arise, such as court costs.
How should one behave?
First you should have the warning checked. The declaration of cease and desist contains numerous points that should be deleted. Cases are also conceivable in which the person warned does not reproduce the program “publicly”. Then there is already no copyright infringement.
If the warning is justified, a modified declaration of discontinuance should be submitted. Then an attempt should be made to limit the damage by entering into negotiations with the other side.
Contact us with confidence. We have years of experience in both trademark law and criminal law. We’re here to help.
Your lawyer Kai Jüdemann
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