In the age of the internet and of digital media, the protection of intellectual property is more important, but also more difficult, than ever. Digital content such as films, music, audio books, games and software can be reproduced and distributed to others, or "shared" on the internet, by everybody - quickly and easily, without danger of loss in quality.
On this internet site you will find information on matters relating to copyright law, the internet and file-sharing platforms. In the category "General Information", the current situation and the problem of large-scale breaches of intellectual property on the internet are outlined. In the section "How can I protect my intellectual property on the internet and what should I do in the case of rights infringement?" we explain our service and procedures for interested rights holders.
Intellectual Property (e.g. music, films, audio books, texts, games, computer programs) is protected by law in most countries. According to the internationally prevailing legal position, only the rights holder is permitted to use or utilise the intellectual property. This includes, for example, composers, record companies or producers, music publishers, singers or musicians, authors, filmmakers or producers of computer software and games, just to name a few examples. If the rights of use, which are exclusively the preserve of the rights holder, are infringed by another (e.g. when music files, video films, audio books or software are made publicly available, i.e. offered to others or downloaded in so-called file-share platforms, without prior permission having been received from the rights holder), the rights holder can claim forbearance and damages, and can place other demands on the injuring party. According to German law, these claims are valid under §§ 97 ff. of the German Copyright Law (Urheberrechtsgesetz). In addition, breaches of copyright are criminal offences and can, in cases of prosecution, be punished with imprisonment or a fine.
Nevertheless, intellectual property is currently being infringed constantly and on a large scale. This is primarily happening on the internet (e.g. in so-called file-sharing platforms such as eMule, eDonkey, BitTorrent and so-called “File-Hosters” such as Rapidshare), as well as through the illegal reproduction of digital files such as CDs and DVDs. As a result of these unauthorised and therefore illegal uses, the rights of the rights holders concerned are greatly infringed, with very large economic damage and loss, not only to the rights holder, but also to the entire music and entertainment industry, not to mention the state. On the one hand, those affected lose all faith in the rule of law and the efficacy of justice, while on the other hand, the state’s finances lose out on a tax income in the high millions every year, due to illegal und unpaid downloads. This situation, therefore, cannot simply be accepted. The seriousness of the threat to the entire creative industry can be illustrated by the following figures.
The illegal reproduction alone of music files on the internet by means of illegal uploads/downloads causes the loss of millions of euros in Germany, for example, each year. As a result, the survival of entire economic branches is greatly threatened. The example of the music industry shows that, since the comprehensive, mass availability of CD burners and broadband (DSL) internet connections at the beginning of this century, music industry turnover has sunk by an average of 5 to 11% each year. Even if other factors are – sometimes correctly – considered to contribute to this situation, it should not deflect from the fact that the use of file-sharing platforms remains a very large factor. The majority of internet users has taken part in so-called file-sharing platforms, or has used them to download music, computer software, films or other digital content at least once. It cannot be denied that the younger population is mainly, though not exclusively, concerned, due to its great affinity with the medium of the internet and to computer technology. In 2006 there were approx. 15 to 20 illegal reproductions for every (legally) sold recorded medium, and approx. 13 illegal downloads via so-called file-sharing platforms for every (legal) music download. Statistical analyses have shown that, in Germany, 50% of the total daytime internet traffic is caused by the use of so-called peer-to-peer networks. At night, this figure rises to above 80%!
Between 2003 and 2006, up to 600 million music titles a year were reproduced illegally on file-sharing platforms in Germany alone. In 2007, as a result of legal measures, the number of illegally downloaded music titles sank, according to the Association of the German Music Industry, by about 20% to 312 million. However, this still represents roughly ten times the market volume of legal music downloads, of which there were, in Germany in 2006, from legal download portals such as Musicload, iTunes etc., only 25 million, compared to illegal downloads. The figures are similar in other countries.
The resulting economic damage has been valued by the Association of the German Phonographic Industry at approx. one billion euro a year in Germany. This problem therefore presents a great danger for the entire creative industry.
It is, therefore, clear that intellectual property rights are currently being breached in a widespread manner, particularly on the internet by means of illegal use procedures, with immense economic damage being suffered by the rights holders as a result. As far as the rights holders are concerned, those affected are the “large” media firms such as record companies (so-called major companies), computer software producers and movie producers, as well as (and particularly) the contributors to the works such as artists, musicians, software developers, graphic designers, authors and other creators, whose output is used without payment. Particularly in the area of music, many musicians, bands, singers, composers, artists and performers are especially aggrieved that the results of their creative productivity, while still widely heard, is rarely paid for. An inescapable result is that musicians, bands and artists will have to stop their activities in the long run, since they no longer provide the income necessary to survive. This leads to the poverty not only of creative artists, but of the entire culture and cultural diversity.
Those involved in the creative industries can only continue to work as long as they can earn a living from it. That is why it is everybody’s responsibility to recognise intellectual creativity and to honour it by acquiring the results of this creativity in a paid and legal manner, instead of sourcing them from illegal and free providers such as file-share platforms, or providing them to others. An improved awareness and a rethink on the part of the population are urgently necessary. Cheap is not cool, but is rather the wrong attitude when it comes to preserving creative and artistic diversity. Everyone must play their part – teachers, pupils and parents, and not least politicians in particular – so that intellectual property and its remuneration are adequately protected by law. The present legal situation is, as the figures above show, nowhere near adequate enough to protect intellectual property to the necessary extent.
Are you a copyright holder, or the holder of other intellectual property rights? If so, you have probably already fallen victim to the widespread breaches of intellectual property that have taken place on the internet. Our goal is to protect your intellectual property, by tracking breaches of rights and taking out civil and also, where necessary, criminal proceedings against the infringers. Within this framework we particularly enforce future forbearance and take compensatory action against the infringing party. This prevents future infringements of your rights regarding these products, and you will receive adequate compensation for the financial losses that you have suffered as a result of the established infringement.
Intellectual property is not tangible. Today it is possible for every computer user to copy, distribute and steal intellectual property within seconds, at the click of a mouse. In recent years, this has led to a massive reduction in the appreciation of intellectual property. Some infringers are even completely unaware that they are doing wrong and it is increasingly considered ‘normal’ to acquire music, software, audio books or the latest computer games and films illegally from various sources on the internet without paying for them. Numerous networks and communities provide various possibilities to get illegal reproductions of the latest creative products, sometimes even before their official release. Due to the ease of acquisition and the apparent anonymity of the internet, this possibility is exploited in a widespread, ‘Wild West’-style manner, with free services growing in popularity. This results in huge financial losses for those concerned. At the same time, the appreciation of the value of intellectual property in general sinks. The theft of intellectual property is no small matter, not the trivial offence of individual youths, but rather occurs worldwide on a large scale, encompassing all social and age groups. Due to the worldwide networking possibilities of the internet, entire industries are threatened with destruction as a result of these widespread illegal reproductions and distribution. The internet is increasingly being reduced to a free self-service shop.
Your rights represent your intellectual property and your capital. Therefore, protecting them should be an absolute priority. Every illegal usage does not only infringe abstract rights, but also causes measurable economic damage. Every illegal distribution of your product reduces your turnover and your financial success.
It is a fiction to claim that the illegal distribution of intellectual products is a form of advertising. Whoever downloads, for example, a music album or a computer game illegally and for free from an internet file-sharing platform is not likely to purchase this item legally. Recently, rights holders have started to become aware of the need to protect their rights effectively and sustainably, and to punish infringements. This is the only way to defeat the culture of ‘copy and paste’.
If you want to get an impression of the consequences of the infringements of your rights online, contact us. We can, with the help of a cooperating service provider, have a free test evaluation prepared for you. This will give you an impression of the extent and the number of infringements that are taking place with regard to your products. It will quite possibly shock you!
How are legal proceedings carried out?
At the forefront of our activities is our cooperation with an external service provider. Using the latest technology of specialised investigative software, our partner first investigates and documents rights infringements. Thereafter, and in consultation with you, we pursue both civil and, where relevant, criminal prosecution. Legally, the investigation of the potential infringer’s personal details is usually carried out according to civil proceedings based on EU enforcement directive, i.e. without involving prosecuting authorities. The infringer is then obligated to forbearance and compensation, at first extra-judicially and then, if necessary, through the courts. The infringers are made aware of the illegality of their actions and of the value of intellectual property, and are obligated to act legally in the future by means of a so-called cease-and-desist declaration. In addition, you will receive and adequate amount in compensation for the losses you sustained as a result of the illegal use of your property, with the enforcement of your civil claims for damages against the infringers.
Are you interested in, or do you have any questions about our service? We’d be happy to talk to you and explain our activities in detail.
Rechtsanwalt Christian Weber
P.O.Box 70 12 01
60562 Frankfurt/M
Germany
Email info@wesaveyourcopyrights.org
Fax +49 (0) 69 - 663 68 41 11
VAT Registration Number: DE212509452
in corporation with:
NÜMANN + LANG
Rechtsanwälte
Kriegsstraße 45
D-76133 Karlsruhe
Germany
Fax: +49 (0) 721 570 40 93-11
Email info@nuemann-lang.de
VAT Registration Number: DE257166178
All lawyers are members of the law society of their respective location.
Rechtsanwaltskammer Frankfurt am Main
Rechtsanwaltskammer Karlsruhe
All lawyers are certificated in Germany as "Rechtsanwalt".
You can find the professional rules (BORA and BRAO) on the homepage of the German Bar Association - Bundesrechtsanwaltskammer under the heading "Berufsrecht".
<
