Country: Germany

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:

• A major stock agency offered numerous video clips of our client for the sale.
• The client had never uploaded those photographs to this stock agency. Moreover, his prices for photos are much higher than what this agency offered, so this event caused major damage to him.
• those video clips even were sold, which caused illegal licenses.
• Our client contacted the agency asking to take those clips down.
• Agency did not comply completely – PhotoClaim could detect that 37 videos were still online. Therefore evidence was secured.
• PhotoClaim’s lawyer also contacted the agency to take those clips down.
• Despite that, the agency did not take down mentioned videos from its website, nor signed a Declaration to Cease and Desist.
• Robert Fechner filed an injunction in Berlin court.
• The court confirmed that the agency is liable to take all those clips down with due diligence and announced a possible penalty of 250.000€ if the order would be not respected.

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