All persons concerned are charged by WALDORF FROMMER with having supplied third parties with a free download of the movie GAMBIT - DER MASTERPLAN by way of a file-sharing site.
As usual, Waldorf Frommer demand on behalf of the owner of the rights, i.e. Tele München Fernseh GmbH & Co. Produktionsgesellschaft, that a life-long binding declaration to cease and desist is signed, which can be enforced by penalty, and payment of a lump fee for the unauthorized providing of public access of said movie.
Do not sign the pre-formulated declaration to cease and desist!
The cease and desist letters sent by the law firm Waldorf Fromer contain a pre-formulated declaration to cease and desist. We strongly recommend NOT to sign the declaration, because it is phrased in a way that solely benefits the owner of the rights, i.e. the Tele München Fernseh GmbH & Co. Produktionsgesellschaft. Through the use of a different wording the legal consequences can be changed in your favor. Often not only a single movie was downloaded and thus in many cases the need exists to prevent further cease and desist letters for other movies from other law firms representing other rights owners. It may make sense to draft a so-called preventive declaration to cease and desist (vorbeugende Unterlassungserklärung).
Do not pay the stipulated fee without reviewing it!
In many cases the amount indicated (956,00 EUR) is not justified. For instance, compensation cannot be demanded from the subscriber, if he/she is not personally ("täterhaftlich") responsible for the download. For instance, one must keep in mind the most recent decision of the Bundesgerichtshof on the subject of filesharing (05.10.2012, BGH I ZR 74/12). The court decided that parents are not automatically liable for any filesharing conducted by their minor children, if the children have been appropriately instructed.
Therefore, caution is advised with regard to the fee. Lump sums are not to be accepted. Instead, every case needs to be evaluated individually. The fee can often be significantly reduced with adequate argumentation. Seek legal advice!
If the cease and desist letter is unjustified-or partially unjustified-the recipient can also counter the letter with a negative declaratory action ("negative Feststellungsklage"). We encourage you, again, to seek advice.
If you received a cease and desist letter from the law firm Waldorf Frommer on behalf of Tele München Fernseh GmbH & co. Produktionsgesellschaft claiming the unauthorized utilization of the movie GAMBIT - DER MASTERPLAN, please contact us. We would be happy to give you a free preliminary evaluation of your situation.
Sievers & Collegen
- Rechtsanwaltskanzlei -
Rheinstraße 11
D-12159 Berlin
Email: f.sievers@recht-hat.de
Fon: 49 (0) 30 - 323 015 90
Fax: 49 (0) 30 - 323 015 911
Web: http://www.recht-hat.de
