PhotoClaim Germany Verdict 412019-11-06T11:57:18+00:00

PhotoClaim Germany

23.10.2019

⇒VERDICT SUMMARY

Lawyer: Robert Fechner

Court:  Landgericht Court Berlin, Germany

Photographer’s seat of residence: Germany

Opponent’s seat of residence:  United Kingdom

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.
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