Q: How to handle a German law firm's copyright infringement demand?
On June 5, I received a notice from a German law firm demanding over a thousand dollars for an alleged copyright infringement related to a photo I previously posted on my Substack account. The photo, which I believe was a collage of Twitter posts by a celebrity, was taken down by Substack, who will not provide me with a copy. I have not received any prior or subsequent notices regarding this photo, and I cannot locate the photo in my own records.
I know that this law firm is known for sending similar demands internationally, and others have experienced the same situation. I've reached out to attorneys specializing in intellectual property rights in the U.S., but have not received responses. I also received a takedown notice from Substack.
Could you provide advice on how to proceed with this situation?
A:
First, hire a lawyer who can carefully do the following plus more.
Your attorney probably would want to get a copy of the complainer's copyright registration for the allegedly infringed work. This could show who, if anyone, might own the right to sue people who duplicate the work.
Depending on the substance or existence of the copyright registration your lawyer then could respond to the demand letter.
A:
This situation is understandably stressful, especially when you’re unsure what was actually infringed and haven’t received clear answers. If you don’t have access to the photo and Substack won’t provide it, that puts you at a disadvantage in verifying the claim. The fact that others have reported similar international demands from this firm suggests this could be part of a broader campaign to extract settlements.
You’re not legally required to respond immediately, but ignoring it completely can have risks, particularly if the firm tries to escalate the claim. If the demand came from Germany and you live in another country, enforcing the claim would require legal action across borders, which is rare and expensive for the sender. Still, it’s important to keep records of everything—emails, the takedown notice, your communication with attorneys, and anything you can find about the original image.
Your best move is to wait for a response from an intellectual property lawyer, preferably someone who’s familiar with international claims and digital publishing. You can also reply to the law firm with a request for evidence of the infringement and a breakdown of how the damages were calculated, while not admitting liability. Taking a calm, informed approach shows you’re serious and not easy to pressure. You're not alone in dealing with this, and staying proactive will help you find the right way through.
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