Fragen & Antworten

Can you be sued due to violations of copyright law without this being pointed out before?

In copyright law it is not necessary to demand omission from somebody before suing him/her. It is assumed that someone who violates the copyright law once will do so again and thus, there is danger of recurrence. Thus, the danger of recurrence also exists after immediate termination of the violation. The defendant would have to prove that due to extraordinary circumstances there is no longer any danger of recurrence and thus, the action for injunction was not necessary.

Attention: In copyright law there is a strict liability – at least concerning the injunctive relief and removal – which means that the violator does not have to know that he/she is violating third parties´ rights.

Fragen und Antworten zu allen Rechtsthemen