Sasse & Partner – Copyright infringement warning letter
Help with the copyright infringement warning letter from Sasse & Partner:
The Hamburg-based law firm Sasse & Partner represents many copyright holders and sends copyright infringement warning letters in their names. The basis of the warning letters is the alleged illegal downloading and uploading of copyright protected film material.
You may not have experience with copyright infringement warning letters from Sasse & Partner. Read here about how you should react to the warning letter. Media law and copyright lawyer, Christian Solmecke, is an expert in this area and explains everything you need to know about the copyright infringement warning letter from Sasse & Partner.
Copyright holders represented by Sasse & Partner:
- Senator Film Verleih GmbH, Schönhauser Allee 53, 10437 Berlin
- Atlantic Streamline Holdings LLC, 5254 Melrose Avenue, Suite 301, Hollywood, CA 90038 USA
- Senator Home Entertainment GmbH, Schönhauser Allee 53, 10437 Berlin
- AFM-Records GmbH, Agathe-Lasch-Weg 2, 22605 Hamburg
- Fa. Play It Again Sam SPRL, Rue de Veeweyde 90, 1070 Brüssel, Belgien
- Firma Splendid Film GmbH, Alsdorfer Straße 3, 50933 Köln
- Firma Roadrunner Records GmbH, Richard-Wagner-Straße 39, 50674 Köln (jetzt Warner Music Group Germany Holding GmbH, Alter Wandrahm 14, 20457 Hamburg wegen Verschmelzung)
- UDR GmbH, Niegras 31a, 25813 Husum
- Tiberius Film GmbH & Co. KG, Schellingstraße 45, 80799 München
- Warner Music Group Germany Holding GmbH, Alter Wandrahm 14, 20457 Hamburg
- polyband Medien GmbH, Balanstr. 73, 81541 München
What is Sasse & Partner demanding?
By sending you a copyright infringement warning letter, the law firm Sasse & Partner is seeking the submission of a declaration to cease and desist. The declaration must be enforceable by a contractual penalty for non-compliance. Furthermore, instead of demanding compensation and legal costs, Sasse & Partner demands a payment in settlement. The settlement amount demanded can vary depending on the number of works named in the warning letter and can be €800 or more.
Content of the copyright infringement warning letter:
The first page of the copyright infringement warning letter contains the name of the copyright holder being represented. Sasse & Partner explain that they have engaged the monitoring firm, Zarei GmbH (headquartered in Stuttgart), on behalf of the copyright holder to monitor file-sharing websites for copyright infringements. Sasse & Partner also give the date and time the alleged infringement took place. Then, it is explained that a court order was obtained from the relevant district court, in order to be able to access the address where the IP-address is registered. Next, Sasse & Partner explain how the rights of their client have been infringed and what claims the copyright holder has against you. These include a claim to cease and desist, a claim to compensation and a claim for the files to be destroyed.
Cease and desist claim and claim for files to be destroyed:
The following then appears in the warning letter: “In the name of, and on behalf of our client, we are obliged to demand from you, the immediate and permanent deletion and destruction of the named works from your computer. Furthermore, we demand that you cease to make our client’s copyright protected material available for download by users of file-sharing systems and in doing so therefore making the file publically available.” You are then asked to sign and submit, by a specified date, the pre-printed declaration to cease and desist enclosed with the copyright infringement warning letter on page 4.
Claim to compensation and settlement offer:
Sasse & Partner go on to explain that their client also has a claim for compensation against you. However, the law firm offers you the option of accepting a settlement. The following appears: “We offer you the opportunity to pay a one-off settlement amount of €800. The settlement is an amicable out-of-court agreement (without prejudice to the factual and legal position) with which all of our client’s compensatory claims which have arisen so far, are to be satisfied.” Subsequently, a deadline for paying the amount is given.
The best way to react to the copyright infringement warning letter:
Do not sign or submit the pre-printed declaration to cease and desist that you have received from Sasse & Partner, as the following disadvantages could result:
- You would acknowledge the obligation to pay compensation
- You would acknowledge the obligation to pay the other side’s legal costs
- You would be accepting the amount set as contractual penalty, which is often too high
On the other hand, it also not advisable to stick your head in the sand and fail to react! In general, the person who has received the copyright infringement warning letter should fulfil their obligation to submit a declaration to cease and desist. In this way, you can avoid costly injunction proceedings.
It is therefore highly recommended, to submit a so called modified declaration to cease and desist which can satisfy the opponent’s claim.
The modified declaration to cease and desist should be so concisely formulated that it contains only the essential elements needed to satisfy the claim. Such modified declarations to cease and desist need to be drafted by specialist lawyers.
With years of experience, Wilde, Beuger & Solmecke is a law firm specialised in file-sharing cases. We would be happy to advise you in a free initial consultation – contact our hotline on +49 (0) 221 – 400 67 555. You can also contact us using our Live Chat function at the top right of this page.