Orange, CA asked in Copyright for California

Q: Do I have to pay for a Cease and Desist?

I received a Cease and Desist from a German company called Zielinski Legal, that works with a company called PhotoClaim, for using a photographers image on a blog post of mine in 2015. They are requesting I take the photo down AND reimbursement for copyright infringement and damages.

Should I find a lawyer that specializes in German Copyright Law? Do they have to prove that my image really did cause damage to their client? Any other recommendations? I assume this is a common issue with photographers but don't want to shrug this off.

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1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Intellectual Property Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: If you have liability it would be under US law.

It would be prudent to remove the image, now that you are on notice of a copyright infringement claim. Whether or not you have liability for damages, and how much could be claimed, are determinations that should be made by an experienced copyright attorney after reviewing the factual details.

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