Attorney Robert Fechner recently secured another victory in the Regional Court of Munich I, where the court issued a judgment against an individual who had publicly used a photograph without the photographer’s permission. We believe that the case highlights again how prompt legal action can deliver positive outcomes for photographers and other creators.
Case Summary
A professional photographer who operates internationally, discovered that a German website operator was displaying their photograph without any license or consent. There was no credit either. Just taken and published as if it were free to use. As is often the case, the first step was a formal cease-and-desist letter.
But instead of an apology or a correction, the photographer received… nothing. Therefore, after an initial legal warning was ignored, we proceeded to file a lawsuit to protect the photographer’s rights and seek both injunctive relief and compensation. The claim was straightforward: remove the image, stop the unauthorized use, and pay compensation for the damages caused by the infringement.
Court’s verdict (LG München I, 42 O 19154/23)
The court ruled in favour of the photographer on all points:
1. The defendant was permanently prohibited from making the photograph publicly accessible online without the photographer’s explicit permission. Any violation will trigger a court-imposed fine of up to €250,000, or substitute imprisonment.
2. The defendant was ordered to pay €2,930.00 in damages, plus interest dating back to September 2019. By awarding the full amount, the court gave de facto recognition to the asserted licensing value.
3. The court also ordered the defendant to reimburse €679.10 in legal fees related to the pre-litigation effort including preparing cease and desist order, along with statutory interest from March 2024.
4. As the losing party, the defendant must also bear the full costs of the legal proceedings.
5. The verdict is enforceable without delay.
6. Dispute Value Set: €8,930.00
Legal Insight
In our view this decision reinforces a crucial legal principle – not responding to formal legal action does not cancel liability.
Even when copyright infringers attempt to ignore or delay proceedings, the courts remain a powerful tool for protecting intellectual property rights. In this case, the judgment not only stopped the infringement but also held the infringer financially accountable.
Important message for photographers and other creators
If you are a photographer or any other visual artist and discover that your work has been used online without consent, this case is a reminder that:
- You have rights and you are entitled to fight for them.
- Legal action can result in both removal of your work and financial compensation, so it is worth it to stand up for your rights.
- A lack of response or blatant disregard of your claims from the side of the infringer does not leave you powerless.
We think that this case is not only about the financial compensation. It’s also about recognition. It’s about reminding all users – individual or corporate – that creative work is not to be taken for free without any restrictions. Copyright owners have exclusive rights to decide how their work is used.
This ruling is also about showing other photographers that the law is on their side, even when the infringer refuses to engage or disregard their claims which happens in many cases.
Depicta Legal and Robert Fechner are proud to represent photographers and artists who deserve more than apologies. They deserve protection, respect, and fair compensation for their work. This ruling is another reminder that photographers are not powerless against in case their work is being used without permission.