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Cease And Desist Letter Photography

Cease And Desist Letter Photography Template for Germany

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Key Requirements PROMPT example:

Cease And Desist Letter Photography

"I need a Cease and Desist Letter Photography to stop an advertising agency from using my professional architectural photographs on their website and social media without permission, with a compliance deadline of March 15, 2025, and including a demand for compensation of usage fees."

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Document background
A Cease And Desist Letter Photography is a crucial legal instrument used in German jurisdiction when photographic works are being used without proper authorization or in violation of copyright laws. This document is typically employed when informal attempts to resolve unauthorized usage have failed or when immediate action is required to protect intellectual property rights. The letter must comply with German legal requirements, particularly the Urheberrechtsgesetz (Copyright Act) and Kunsturhebergesetz (Art Copyright Act), and includes specific details about the infringement, clear demands for cessation, and deadlines for compliance. It serves as a formal prerequisite to legal action and can be used in various contexts, from personal photography to commercial usage, while establishing a clear record of the rights holder's attempt to resolve the situation before pursuing court intervention.
Suggested Sections

1. Sender Details: Full legal name, address, and contact information of the rights holder or their legal representative

2. Recipient Details: Full legal name and address of the party who is allegedly infringing the photography rights

3. Subject Line: Clear identification as a Cease and Desist Letter regarding specific photographic works

4. Description of Rights: Statement of ownership/copyright of the photographs in question, including registration details if applicable

5. Description of Infringement: Detailed description of the unauthorized use, including dates, locations, and specific instances

6. Legal Basis: Citation of relevant laws (UrhG, KUG, etc.) that establish the legal basis for the demands

7. Demands: Clear list of specific actions required, including immediate cessation of use and removal of photographs

8. Deadline: Specific deadline for compliance with the demands

9. Legal Consequences: Statement of legal actions that will be taken if demands are not met

10. Declaration of Accuracy: Statement confirming the truth of all assertions made in the letter

Optional Sections

1. Monetary Demands: Section for claiming damages or compensation, used when financial losses can be demonstrated

2. Previous Communications: Reference to any prior attempts to resolve the issue, used when there has been previous correspondence

3. Commercial Usage: Additional section addressing commercial exploitation of photographs, used when photographs were used for business purposes

4. Privacy Violations: Section addressing personal rights violations, used when photographs contain identifiable individuals

5. Settlement Terms: Proposed terms for amicable resolution, used when willing to negotiate a settlement

Suggested Schedules

1. Evidence of Ownership: Copies of copyright registrations, original photographs, or other proof of ownership

2. Documentation of Infringement: Screenshots, printouts, or other evidence of unauthorized use

3. Prior Communications Log: Copies of previous correspondence regarding the infringement, if any

4. Declaration Form: Pre-prepared declaration of compliance for the recipient to sign and return

5. Cost Calculation: Detailed breakdown of any damages or compensation being claimed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Photography

Media and Entertainment

Digital Publishing

Advertising

Social Media

Art and Design

E-commerce

News and Journalism

Marketing and Communications

Legal Services

Relevant Teams

Legal

Intellectual Property

Content Management

Digital Assets

Creative Services

Compliance

Brand Protection

Rights Management

Editorial

Corporate Communications

Relevant Roles

Photographer

Copyright Lawyer

Legal Counsel

Intellectual Property Manager

Content Rights Manager

Digital Assets Manager

Creative Director

Photo Editor

Gallery Owner

Media Rights Specialist

Compliance Officer

Photography Studio Manager

Publications Manager

Digital Content Manager

Brand Protection Manager

Industries
Urheberrechtsgesetz (UrhG): German Copyright Act - Particularly sections 72-73 regarding rights of photographers and photographic works
Kunsturhebergesetz (KUG): Art Copyright Act - Specifically §22 and §23 regarding the right to one's own image (Recht am eigenen Bild)
Bürgerliches Gesetzbuch (BGB) §1004: German Civil Code provision regarding injunctive relief and removal claims, which forms the legal basis for cease and desist actions
EU General Data Protection Regulation (GDPR): Relevant if photographs contain personal data or identifiable individuals, particularly Articles 6 and 9 regarding lawful processing
BGB §823: Civil law provision regarding liability for damages and compensation in case of unlawful violations of rights
Unterlassungsklagengesetz (UKlaG): Injunctive Relief Act - Provides framework for cease and desist actions
Gesetz gegen den unlauteren Wettbewerb (UWG): Unfair Competition Act - Relevant if photographs are used in commercial context or advertising
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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