The sought-after injunction in a copyright matter was issued in record time.
The general perception of the courts’ activity – or inactivity – and the often-lamented slowness of the judicial system is true – but not always!
Since it’s usually only bad news that makes the headlines (there’s no news like bad news), we’re reporting the opposite here.
The Charlottenburg Local Court issued the sought-after injunction regarding copyright infringement on the very day the petition was received by mail – even before the lunch break.
The case concerns a copyright infringement – specifically, the unauthorized use of an (advertising) text on a website used for business purposes.
In the absence of a grant of usage rights, the right of public disclosure – which is exclusively reserved for the author – was therefore infringed, pursuant to § 19a of the German Copyright Act (UrhG).
Attorney Florian Daniel issued a cease-and-desist letter on behalf of the author regarding the copyright infringement and, in addition to claiming damages for the unauthorized use of the text, demanded the submission of a cease-and-desist declaration subject to a contractual penalty to eliminate the risk of recurrence.
The warning letter apparently reached the text thief, as he contacted Attorney Daniel by phone and threatened to file a criminal complaint – including against the rights holder. Oh, really? Well…
Subsequently, the copyright infringer was notified again by email that, following the fruitless expiration of the deadline, legal action would be sought to enforce the claim for injunctive relief. No response.
Attorney Daniel therefore filed a motion on behalf of the author for a cease-and-desist order regarding the copyright-infringing use of the text, which was sent by fax and mail to the Charlottenburg Local Court.
The very next day, the clerk’s office of the Charlottenburg Local Court contacted Attorney Daniel by phone to ask whether the preliminary injunction would be picked up or whether sending it by mail would suffice.
Of course. The petition was concise and, in terms of the legal assessment, could be attached to the injunction order as its basis.
Still: Let anyone say again that the (Berlin) courts work slowly.
It really doesn’t get any faster than that!
Are you a copyright holder whose work is being used unlawfully? Then get in touch with me, and we’ll enforce the copyright exploitation rights you’re entitled to – quickly, competently, and effectively.