Copyright Law
As your specialized digital and IT law firm, TRÖBER@ legal advises you comprehensively in all areas of copyright law, in particular in the enforcement of your own copyrights and the defence against warning letters or claims asserted against you.
Are you of the opinion that third parties have infringed copyrights to which you are entitled?
Have you yourself received a warning letter or injunction due to an alleged copyright infringement?
Would you like to grant third parties a legally secure license or rights of use to works you have created?
Would you like to enforce claims for damages or license fees from an existing usage agreement?
The specialists at TRÖBER@ legal will support you in all matters relating to copyright law in the digital age.
How we work
Commercial law firm
As a commercial law firm, your business success is at the heart of our work at TRÖBER@ legal. We are therefore always focused on pragmatic and sensible solutions in order to optimally meet your needs - be it in avoiding disputes by drafting contracts that are optimized for you or, if necessary, in defending your rights in court.
Advice
The primary aim of our work is to create the right legal framework for you by drafting contracts that are optimized in your favour in order to prevent legal disputes from the outset. Should it ever become necessary, however, we will also represent your rights in court - always with a view to conducting the proceedings as economically as possible and in your best interests, in particular by attempting to reach an amicable settlement without conducting costly proceedings.
Contract drafting and prevention
Copyrights are not only of crucial importance for companies, but also for artists, authors, musicians, designers and other creative minds. These rights ensure, for example, that authors are protected against third-party publication or distortion of their created works (so-called moral rights) and that the author of a work is entitled to the - usually economically significant - exploitation rights. This includes not least the right of reproduction and distribution, making available to the public or editing and alteration.
Defense against claims
If you have received a warning letter or even an interim injunction accusing you of infringing third-party copyrights, it is advisable to act quickly.TRÖBER@ legal will assess the validity of the claims asserted on your behalf and help you to defend yourself against an unjustified claim quickly, cost-effectively and, if possible, without involving the courts.Even in the event of a justified claim on your part, it is regularly necessary to adapt any pre-formulated cease-and-desist declarations of the other party in your favor in order to avoid excessive liability risks.
Last but not least, there are also a number of specialized warning law firms in this field that have turned the assertion of justified or unjustified copyright claims into a mass business, so that you can easily run the risk of falling into a structural inferiority.Our experts ensure that you are on an equal footing with the “warning letter industry” and realistically and seriously assess the opportunities and risks of defending yourself against warning letters.
However, authors may also decide to grant other persons rights of use to the works they have created. In these cases, it is essential to draw up legally compliant license or usage agreements that are tailored to your needs. Last but not least, legal disputes can be prevented in advance or at least decisively predetermined in your favor through professional contract drafting. TRÖBER@ legalwill draft these complex contracts for you, especially when it comes to protecting your rights in the digital space. We are always familiar with the latest developments and help you to meet the numerous legal requirements associated with the publication and distribution of content in the digital space - whether on websites, in social media or on other online platforms.
Copyright protection
If your copyrights are infringed by unauthorized use or other exploitation of the works you have created, we will support you with our expertise to consistently enforce your claims. In order to protect your economic interests in the best possible way, we rely on out-of-court settlements and, if necessary, on the targeted enforcement of your claims in court. Particularly due to the fast pace of the digital age, it is essential to enforce your rights immediately and as promptly as possible in the event of copyright infringements on the Internet in order to avoid perpetuating legal violations. Last but not least, we are aware that the protection of your intellectual creations is not only a legal matter, but also reflects your artistic identity and creativity. Our experts at TRÖBER@ legal are very familiar with the complex nuances of copyright law and will help you to fully understand, protect and defend your claims - whether they involve software, music, films, computer games, photographs or texts.
Our Expertise
License agreements for rights of use
Our copyright law experts provide you with comprehensive support in drafting and negotiating license agreements relating to the transfer of rights of use to protected works. We draft the contracts in such a way that your interests are legally protected. This includes the precise definition of the type of license, whether exclusive or simple, as well as the definition of the scope of use, the territorial scope and the duration of the license. An important component is also the regulation of the remuneration of such a license of use, whether in the form of one-off payments, fees or royalties. In addition, TRÖBER@ legal examines existing license agreements for legal defects or potential risks and ensures that your rights as the author are protected. In the event of a breach of contract or unlawful use of the work, we will represent you and enforce your claims in or out of court.
Warning letters due to copyright infringements
We also provide you with comprehensive support in the event of a warning letter due to the unlawful use of your copyrighted works. Our experts carefully analyze the legal situation and check whether a warning letter is justified and how you can best respond to it. If your rights have been infringed, we will enforce the injunctive relief and demand that you cease the unauthorized use of your work. We will also take care of claims for damages and the reimbursement of warning costs. In the event of legal proceedings, our experts will represent you competently and defend your interests vigorously.
Defense against a warning letter
Our copyright law experts are also at your side if you have received a warning letter due to an alleged copyright infringement. We provide you with comprehensive support in your legal defense and examine the warning letter for its legality and appropriateness. Warning letters are often incorrect or excessive, which can cause you unnecessary costs. TRÖBER@ legal analyzes the allegation of copyright infringement in detail and develops a tailor-made defense strategy. We check whether the warned claims, such as the cease-and-desist declaration or claims for damages, are legally tenable and ensure that you do not make unjustified payments or enter into excessive obligations. If necessary, we will work to achieve a reduction in the claims or defend against the warning letter completely. If the claims cannot be settled out of court, we will represent you in any court proceedings and defend your rights resolutely.
Protective brief in the run-up to a preliminary injunction
Our copyright law experts can also support you in the run-up to a possible preliminary injunction by filing a protective brief for you. A protective brief serves to present your position and prevent a preliminary injunction from being issued against you without a hearing. TRÖBER@ legal examines the facts of the case in detail, develops a sound defense strategy and files the protective brief with the competent courts. In this way, we ensure that your arguments are heard and your rights are protected in the best possible way before an interim injunction is even issued.
Last but not least, there are also a number of specialized warning law firms in this field that have made the assertion of justified or unjustified copyright claims a mass business, so that you can easily run the risk of falling into a structural inferiority. Our experts ensure that you are on an equal footing with the “warning letter industry” and realistically and seriously assess the opportunities and risks of defending yourself against warning letters.