Cease-and-desist letter (internet)

Rechtab 9 J.

Have you received a formal warning letter in Germany for copyright infringement (file sharing, using images)? Don't panic – but don't ignore it either. Here's how to react correctly.

What to do about a cease-and-desist letter (Abmahnung) for something online in Germany?

Typical reasons:

• Filesharing (music, films via torrent)
• Images on your own website without a licence
• Trademark infringement (e.g. using a logo)
• Copying texts without citing the source

How to respond correctly:

❌ DON'T ignore it! Without a response you risk an injunction (much more expensive)
❌ DON'T sign the enclosed cease-and-desist declaration! (Often too broadly worded)
✅ Consult a lawyer (specialising in IT/copyright law)
✅ Submit a modified cease-and-desist declaration (drafted by the lawyer)
✅ Negotiate the claim (often reducible to 50–70% of the amount demanded)

Costs: cease-and-desist letters typically demand €500–5,000. Lawyer's fees for the defence: €200–500. A lawyer is often worth it because they can reduce the claim significantly.

Did you know? Hundreds of thousands of such warning letters are sent in Germany every year. A whole industry (“Abmahnindustrie”) lives off them. Since a 2021 law reform, the maximum fees for first warnings are capped.

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