Photographer’s seat of residence: Germany
Opponent’s seat of residence: Portugal
Lawyer: Filipp Bickel
Court: Amtsgericht Charlottenburg, Germany
Damage won: 1140 euros damages + 290 euros costs + 853 euros legal fees reimbursement
Opponent’s seat of residence: United Kingdom
Photographer’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Landgericht Court Berlin, Germany
Damage won: 10.000 euros + legal fees + documentation fees
The Landgericht Berlin (District Court) sentences the defendant based in country1 to pay the amounts 10.002 € plus interest + 1.266,16 € legal fees plus interest + 142 € docu fees to the claimant based in country2. The defendant violated the Cease and Desist claim, and did not cease to make the photographs in question publicly available, in particular on the Internet. The evidence to prove this was made by RightsPilot UG. Therefore, the court agreed that the claim was admissible and justified. The claimant had a contractually defined right to claim two penalties, because the cease and desist declaration was violated twice, concerning two photographs, without there being a visible reason for excuse. Therefore, also the legal fees and the documentation fees needed to be reimbursed.
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: Court Landgericht Berlin, Germany
Verdict: Fine up to 250 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
District Court Landgericht Berlin, Germany
Order – International jurisdiction (Vigasio, Italy),
Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Damage won: Fine up to 250 000 euros
Court: District Court Landgericht Berlin, Germany
Photographer’s seat of residence: Germany
Opponent’s seat of residence: UK
Court: District Court Landgericht Berlin, Germany
Verdict: : Fine up to 250 000 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Portugal
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Defendant nationality: France
Lawyer: Robert Fechner
Claimant nationality: German
Court: AG Charlottenburg, Germany
Damage won: 3.500 € plus interest since 23.01.2018 + 926 € legal fees plus interest since 06.03.2020
The Amtsgericht Berlin sentences the defendant based in France to pay the amounts 3.500 € plus interest since 23.01.2018 + 926 € legal fees plus interest since 06.03.2020 to the claimant based in Germany. The defendant violated the Cease and Desist claim, and did not cease to make the photograph in question publicly available, in particular on the Internet. The court granted 3.500 € as a reasonable penalty.
Defendant nationality: American
Claimant nationality: German
Lawyer: Robert Fechner
Court: Local Court AG Charlottenburg, Germany
Damage won: 2136 euros reimbursements + all court fees
Opponent’s seat of residence: USA
Photographer’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Landgericht Court Berlin, Germany
Damage won: 5001 euros for the contractual penalty, 1101,94 euros legal fees and 113,05 euros documentation costs reimbursements
Total: 6215,99 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Spain
Verdict: Injunction and Jurisdiction of the Court in Berlin
Court: District Court Landgericht Berlin, Germany
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Malta
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Ireland
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Dubai, UAE
Court: District Court Landgericht Berlin, Germany
Court of Appeal Kammergericht Berlin, Germany
24.03.2020
Claimant nationality: Swiss
Defendant nationality: U.S.
Lawyer: Robert Fechner
Court: Landgericht Berlin
Case description:
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
13.01.2014
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: Local Court AG Charlottenburg, Germany
Damage won: Fine up to 250 000 euros
2.03.2018
Opponent’s seat of residence: Italy
Photographer’s seat of residence: Germany
Lawyer: Filipp Bickel
Court: Landgericht Berlin, Germany
Damage won: 7643 euros reimbursements
Opponent’s seat of residence: Italy
Photographer’s seat of residence: Germany
Lawyer: Sebastian Deubelli
Court: Landgericht München, Germany
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Landgericht Berlin
Damage won: 1055 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Cyprus
Verdict: Injunction and Jurisdiction of the Court in Berlin
Court: District Court Landgericht Berlin, Germany
Local Court: AG Charlottenburg, Germany
Verdict: Damages calculated in accordance with MFM, Value in Dispute 6,000€ per image
Photographer’s seat of residence: Germany
Defendant nationality: British
Claimant nationality: German
Lawyer: Robert Fechner
Court: District Court Landgericht Berlin, Germany
Damage won: 8400 euros reimbursement
Lawyer: Filipp Bickel
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Croatia
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Damage won: 926 euros reimbursement legal fees & court fees
Lawyer: Robert Fechner
Court: Amtsgericht Charlottenburg, Berlin, Germany
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Amtsgericht Ahaus
Damage won: 551 euros for legal fees & court fees
Claimant nationality: German
Defendant nationality: Netherlands
Lawyer: Robert Fechner
Court: Landgericht Berlin
Damage won: 5.001 € plus interest since 20.08.2017 + 1.101,94 € legal fees plus interest since 05.03.2020 + 113,05 €
Summary: The Landgericht Berlin (District Court) sentences the defendant based in the Netherlands to pay the amounts 5.001 € plus interest since 20.08.2017 + 1.101,94 € legal fees plus interest since 05.03.2020 + 113,05 € documentation fees to the claimant based in Germany. The defendant violated the Cease and Desist claim, and did not cease to make the photograph in question publicly available, in particular on the Internet. The evidence to prove this was made by RightsPilot UG. Therefore, the court agreed that the claim was admissible and justified. The claimant had a contractually defined right to claim the contractual penalty, because the cease and desist declaration was violated, without there being a visible reason for excuse. Therefore, also the legal fees and the documentation fees needed to be reimbursed.
Photographer’s seat of residence: German
Opponent’s seat of residence: German
Lawyer: Robert Fechner
Court: Amtsgericht Charlottenburg, Germany
Verdict: 540 euros damages + 551 euros legal fees + all costs
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italia
Lawyer: Filipp Bickel
Court: Landgericht Berlin
Damage won: 5001 euros + 50 euros costs + interest of 8% over the basic interest rate
Photographer’s seat of residence: Germany
Opponent’s seat of residence: UK
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
Court: District Court Landgericht Berlin, Germany
Verdict: Fine up to 250 000 euros
Opponent’s seat of residence: Italy
Photographer’s seat of residence: Germany
Lawyer: Sebastian Deubelli
Damage won: 1566 euros reimbursements
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Amtsgericht Ahaus
Damage won: 551 euros for legal fees plus opponent covers court fees
Opponent’s seat of residence: Greece
Lawyer: Robert Fechner
Photographer’s seat of residence: Germany
Damage won: 6517 euros reimbursements & injunction granted
Claimant nationality: German
Defendant nationality: German
Lawyer: Robert Fechner
Court: Local Court AG Charlottenburg, Germany
Damage won: 1688 euros reimbursements + all court fees