How to react to the warning letter from U & C

The immediate action you can take:

The first thing to do is keep calm! It is good that you are researching this area with a view to minimising the damage as much as possible. With our specialist knowledge, backed by years of experience in advising on file sharing cases, we are there to help you.

Be careful! How not to react:

Do not sign or submit the pre-printed declaration to cease and desist that you have received from U & C, 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 bound by the declaration for 30 years and future changes in the law by Parliament or through the courts would have no effect
  • You would be accepting the amount set as a contractual penalty, which is often too high

Advice on how to react to the warning letter from U & C:

In light of the above, you should remember that having received a copyright infringement warning letter, you are obliged to submit some form of declaration to cease and desist. In this way, you can avoid costly injunction proceedings. It is therefore highly recommended to submit a modified declaration to cease and desist in order to be able to satisfy the opposition’s cease and desist 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. Our specialist lawyers with years of experience in file sharing cases will gladly draw up and submit a modified declaration to cease and desist for you.

We would be happy to advise you in a free initial consultation – contact our hotline on +49 (0) 221 – 400 67 555 .


Back to U & C – copyright infringement warning letter

Christian Solmecke is a partner at the law firm WILDE BEUGER SOLMECKE. He is the author of numerous legal publications in the area of internet and IT law. He is also an associate lecturer for social media law at the Cologne University of Applied Sciences.

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