- \n
- If pos\u00adsi\u00adble, use your own mate\u00adr\u00adial or mate\u00adr\u00adial for which all rights (in par\u00adtic\u00adu\u00adlar copy\u00adrights, trade\u00admark rights, per\u00adsonal rights) have been clar\u00adi\u00adfied.<\/li>\n\n\n\n
- Is the third-party mate\u00adr\u00adial licensed? Pay atten\u00adtion to the rights of use granted by the license. Cre\u00adative Com\u00admons (CC) licensed con\u00adtent may gen\u00ader\u00adally be used. How\u00adever, depend\u00ading on the type of Cre\u00adative Com\u00admons license, there may be restric\u00adtions (e.g. no com\u00admer\u00adcial use). Be sure to read the license text. For CC licenses, you can find the license text here:
<\/li>\n<\/ul>\n\n![\"Screenshot](\"https:\/\/www.twillo.de\/wp-content\/uploads\/2025\/05\/CC_BY_4-0_license_Screenshot.jpg?t=1747209629\")
<\/a><\/figure>\n\nScreen\u00adshot from https:\/\/creativecommons.org\/licenses\/by\/4.0\/deed.de<\/a><\/em>
<\/p>\n\n- \n
- Is there no license notice? Please note that third-party works are also pro\u00adtected by copy\u00adright with\u00adout a copy\u00adright notice from their cre\u00adation and gen\u00ader\u00adally 70 years after the death of the author! If this period has already expired, you may incor\u00adpo\u00adrate a third-party work into open edu\u00adca\u00adtional mate\u00adri\u00adals.
If the work is not yet in the pub\u00adlic domain, you may quote it in your mate\u00adri\u00adals, \u00a7 51 UrhG. Make sure that the pur\u00adpose of the quo\u00adta\u00adtion (con\u00adtent-related dis\u00adcus\u00adsion of the third-party work) is ful\u00adfilled, that you only quote as much as the pur\u00adpose of the quo\u00adta\u00adtion requires and that the quo\u00adta\u00adtion is excluded from the license (Sec\u00adtion 51 UrhG does not enti\u00adtle you to co-license the third-party work!) <\/li>\n\n\n\n - If in doubt, obtain the nec\u00ades\u00adsary rights of use by means of an agree\u00adment (in writ\u00ading for rea\u00adsons of proof). Our sam\u00adple tem\u00adplates<\/a> for grant\u00ading rights can help you with this. <\/li>\n\n\n\n
- Are you allowed to use the work of oth\u00aders? Please remem\u00adber that third-party mate\u00adr\u00adial must gen\u00ader\u00adally be pro\u00advided with a license notice (excep\u00adtions: pub\u00adlic domain works, CC Zero, etc.). Place the license notice and copy\u00adright infor\u00adma\u00adtion as close as pos\u00adsi\u00adble to the work so that you com\u00adply with your oblig\u00ada\u00adtion to acknowl\u00adedge author\u00adship, 13 S.1 UrhG <\/a>.<\/li>\n\n\n\n
- Make sure that the author(s)<\/strong> and not the person(s) who posted the work online is\/are named. Adhere to the spec\u00adi\u00adfi\u00adca\u00adtions of the licen\u00adsor, cf. 13 UrhG<\/a>. <\/li>\n\n\n\n
- Fol\u00adlow the TULLU rule<\/a> for cor\u00adrect license infor\u00adma\u00adtion when using Cre\u00adative Com\u00admons licensed mate\u00adri\u00adals.<\/li>\n\n\n\n
- If peo\u00adple (or their voice \u2014 right to one\u2019s own word!) are rec\u00adog\u00adniz\u00adable in photo, video or audio record\u00adings (e.g. inter\u00adviews), ask them for per\u00admis\u00adsion before pub\u00adlish\u00ading the record\u00adings. Oth\u00ader\u00adwise there may be a con\u00adflict with gen\u00aderal per\u00adsonal rights and data pro\u00adtec\u00adtion. Obtain writ\u00adten con\u00adsent from the per\u00adsons depicted. Describe as specif\u00adi\u00adcally as pos\u00adsi\u00adble what the pho\u00adtos are being taken and used for. Our sam\u00adple tem\u00adplate for con\u00adsent to photo and video record\u00adings<\/a> can pro\u00advide ini\u00adtial guid\u00adance. <\/li>\n\n\n\n
- Quote cor\u00adrectly: if in doubt, do not quote entire works; remem\u00adber that a quote is only per\u00admit\u00adted \u201cif the scope of use is jus\u00adti\u00adfied by the spe\u00adcific pur\u00adpose\u201d, Sec\u00adtion 51 UrhG. In this arti\u00adcle you can read how to quote cor\u00adrectly: <\/li>\n\n\n\n
- Please note that you are gen\u00ader\u00adally only per\u00admit\u00adted to use third-party works within the scope of Sec\u00adtion 60a UrhG (teach\u00ading and instruc\u00adtion) in lim\u00adited quan\u00adti\u00adties (up to 15%) and in restricted pub\u00adlic spheres (shar\u00ading with any\u00adone on the Inter\u00adnet, for exam\u00adple, is not cov\u00adered by Sec\u00adtion 60a UrhG). Do not for\u00adget to cite the source (\u00a7 63 UrhG)! <\/li>\n<\/ul>\n\n
- <\/ul>\n\n
- Take the warn\u00ading seri\u00adously. Even a warn\u00ading let\u00adter by e\u2011mail that has landed in the spam folder is not fake per se. There is no pre\u00adscribed form for a warn\u00ading let\u00adter. The warn\u00ading let\u00adter can be sent by let\u00adter, fax, e\u2011mail or even ver\u00adbally. A warn\u00ading let\u00adter is a legally sig\u00adnif\u00adi\u00adcant dec\u00adla\u00adra\u00adtion. Legally sig\u00adnif\u00adi\u00adcant dec\u00adla\u00adra\u00adtions become effec\u00adtive upon receipt by the recip\u00adi\u00adent. In the case of an e\u2011mail, a dec\u00adla\u00adra\u00adtion is received as soon as it reaches the recip\u00adi\u00aden\u00adt\u2019s inbox (this also includes the spam folder!). Time lim\u00adits are also cal\u00adcu\u00adlated from the time a dec\u00adla\u00adra\u00adtion is received. If you do not respond to a warn\u00ading let\u00adter and allow the dead\u00adlines spec\u00adi\u00adfied therein to elapse, you risk legal pro\u00adceed\u00adings and addi\u00adtional costs. <\/li>\n\n\n\n
- Read the warn\u00ading let\u00adter care\u00adfully. Not every warn\u00ading let\u00adter is gen\u00aduine<\/strong>. It can hap\u00adpen that you receive a so-called fake warn\u00ading let\u00adter by email. It may look like a let\u00adter from a well-known law firm. You may be able to tell that it is not a gen\u00aduine warn\u00ading let\u00adter by the dif\u00adfer\u00adent bank details and very high claims for dam\u00adages. If you receive such an e\u2011mail, call the law firm named in the let\u00adter and clar\u00adify the facts. Dial the num\u00adber from the law fir\u00adm\u2019s web\u00adsite and not the one men\u00adtioned in the warn\u00ading let\u00adter. <\/li>\n\n\n\n
- Han\u00addelt es sich um eine echte Abmah\u00adnung, muss diese nicht immer wirk\u00adsam <\/strong>sein. <\/strong> Wird z.B. eine Urhe\u00adber\u00adrechtsver\u00adlet\u00adzung abgemahnt, muss die Abmah\u00adnung nach \u00a7 97a Abs. 1, 2 UrhG fol\u00adgende Angaben enthal\u00adten:\n
- \n
- Name\/company of the injured per\u00adson,<\/li>\n\n\n\n
- exact descrip\u00adtion of the infringe\u00adment,<\/li>\n\n\n\n
- Break\u00addown of the pay\u00adment claims asserted (com\u00adpen\u00adsa\u00adtion for dam\u00adages, reim\u00adburse\u00adment of expenses)<\/li>\n\n\n\n
- The legal scope of the oblig\u00ada\u00adtion to cease and desist (in the case of a cease and desist dec\u00adla\u00adra\u00adtion with penalty clause).<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n
If the warn\u00ading does not con\u00adtain one of these details, it is inef\u00adfec\u00adtive. An inef\u00adfec\u00adtive warn\u00ading let\u00adter can\u00adnot trig\u00adger any cost con\u00adse\u00adquences. <\/p>\n\n
- \n
- If the warn\u00ading is gen\u00aduine and effec\u00adtive, it must be checked whether it is jus\u00adti\u00adfied <\/strong>.
<\/li>\n<\/ul>\n\n- \n
- <\/li>\n<\/ul>\n\n
If the warn\u00ading is unfounded <\/strong>(the accu\u00adsa\u00adtion is not true: e.g. the per\u00adson issu\u00ading the warn\u00ading is not the author or rights holder, the date, time, IP address, type of infringe\u00adment, etc. do not match), you should reply to the accu\u00adsa\u00adtion. Pos\u00adsi\u00adble means of defense are the counter warn\u00ading and the neg\u00ada\u00adtive declara\u00adtory action (action for a declara\u00adtory judg\u00adment that an infringe\u00adment does not exist). <\/p>\n\n
If it is doubt\u00adful whether the per\u00adson issu\u00ading the warn\u00ading has copy\u00adrights or rights of use to the work in ques\u00adtion, you can dis\u00adpute their legal sta\u00adtus. If legal action is then taken, the allegedly infringed per\u00adson must pro\u00advide sub\u00adstan\u00adti\u00adated proof of their legal sta\u00adtus. If the proof is suc\u00adcess\u00adful, the per\u00adson receiv\u00ading the warn\u00ading bears the cost risk. <\/p>\n\n
If you have already instructed a lawyer to exam\u00adine the warn\u00ading let\u00adter, you are enti\u00adtled to claim reim\u00adburse\u00adment of the nec\u00ades\u00adsary defense costs from the per\u00adson issu\u00ading the warn\u00ading let\u00adter under Sec\u00adtion 97a (4) UrhG. <\/p>\n\n
If the warn\u00ading is jus\u00adti\u00adfied<\/strong> (the per\u00adson issu\u00ading the warn\u00ading is the author or rights holder, the accu\u00adsa\u00adtion is cor\u00adrect: e.g. date, time, IP address, type of infringe\u00adment, etc. match), you should imme\u00addi\u00adately cease or remove the infringe\u00adment (e.g. remove pho\u00adtos from the web\u00adsite). How\u00adever, it is not advis\u00adable to sign the cease-and-desist dec\u00adla\u00adra\u00adtion with penalty clause<\/strong> that accom\u00adpa\u00adnies the warn\u00ading let\u00adter too hastily. Remem\u00adber: this doc\u00adu\u00adment is a con\u00adtract that is valid for life. The pre-for\u00admu\u00adlated cease-and-desist dec\u00adla\u00adra\u00adtion only takes the inter\u00adests of the infringed per\u00adson into account. For this rea\u00adson, it is often too far-reach\u00ading (e.g. claims for\u00admu\u00adlated too broadly\/too gen\u00ader\u00adally, con\u00adtrac\u00adtual penalty set too high). The cease-and-desist dec\u00adla\u00adra\u00adtion can often be mod\u00adi\u00adfied in your favor. <\/p>\n\n
On the other hand, you should not take too long to review the cease-and-desist dec\u00adla\u00adra\u00adtion. A (usu\u00adally very short) dead\u00adline is set for sub\u00admit\u00adting the cease-and-desist dec\u00adla\u00adra\u00adtion. If this dead\u00adline expires, you risk a tem\u00adpo\u00adrary injunc\u00adtion or an action for injunc\u00adtive relief. It is there\u00adfore advis\u00adable to con\u00adsult a lawyer at short notice to review and, if nec\u00ades\u00adsary, amend the dec\u00adla\u00adra\u00adtion. <\/p>\n\n
The same applies to any enclosed dec\u00adla\u00adra\u00adtion on an out-of-court set\u00adtle\u00adment. This pre-for\u00admu\u00adlated dec\u00adla\u00adra\u00adtion is often not appro\u00adpri\u00adate either and should at best be adapted in your favor by a lawyer. <\/p>\n\n
Fur\u00adther details on what to do in the event of a warn\u00ading let\u00adter can be found in this e\u2011book, for exam\u00adple:<\/p>\n\n
https:\/\/www.urheberrecht.de\/urheberrechtsverletzung-was-tun\/#ebookurheberrechtsverletzung<\/a><\/p>\n\n
What you can do if your rights are violated on the portal<\/h2>\n\n
In the por\u00adtal(www.twillo.de)<\/a> you have the option of report\u00ading infringe\u00adments via our con\u00adtact form<\/a> or by email to our sup\u00adport team: info@twillo.de<\/a>. In this case, we will check the sus\u00adpi\u00adcion and, if nec\u00ades\u00adsary, delete the infring\u00ading con\u00adtent. In the event of repeated infringe\u00adments by the same per\u00adson, this per\u00adson may be excluded from using the por\u00adtal. Please under\u00adstand that we do not pro\u00advide legal assis\u00adtance. <\/p>\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Spe\u00adcial care must be taken when incor\u00adpo\u00adrat\u00ading third-party mate\u00adri\u00adals: Care\u00adless\u00adness can lead to infringe\u00adments of the prop\u00aderty rights of oth\u00aders (copy\u00adright, per\u00adsonal rights, trade\u00admark rights, etc.). An infringe\u00adment can have a num\u00adber of unin\u00adtended con\u00adse\u00adquences. These include costly warn\u00adings, actions for injunc\u00adtive relief or removal and pos\u00adsi\u00adbly com\u00adpen\u00adsa\u00adtion for dam\u00adages. In this overview, you will [\u2026]<\/p>\n","protected":false},"author":1,"featured_media":7699,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"categories":[145],"tags":[],"class_list":["post-7707","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-issues"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/posts\/7707","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/comments?post=7707"}],"version-history":[{"count":0,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/posts\/7707\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/media\/7699"}],"wp:attachment":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/media?parent=7707"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/categories?post=7707"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/tags?post=7707"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
- <\/li>\n<\/ul>\n\n
- If the warn\u00ading is gen\u00aduine and effec\u00adtive, it must be checked whether it is jus\u00adti\u00adfied <\/strong>.
- Han\u00addelt es sich um eine echte Abmah\u00adnung, muss diese nicht immer wirk\u00adsam <\/strong>sein. <\/strong> Wird z.B. eine Urhe\u00adber\u00adrechtsver\u00adlet\u00adzung abgemahnt, muss die Abmah\u00adnung nach \u00a7 97a Abs. 1, 2 UrhG fol\u00adgende Angaben enthal\u00adten:\n
<\/p>\n\n
Recommended procedure in the event of a warning letter<\/h2>\n\n
If you have already received a warn\u00ading let\u00adter, you should pro\u00adceed with cau\u00adtion in order to avoid (pos\u00adsi\u00adbly fur\u00adther) costs and legal pro\u00adceed\u00adings. A warn\u00ading let\u00adter is an out-of-court request (usu\u00adally a let\u00adter from a lawyer) to refrain from cer\u00adtain behav\u00adior. The warn\u00ading let\u00adter is often accom\u00adpa\u00adnied by a so-called dec\u00adla\u00adra\u00adtion to cease and desist with a penalty clause. By sign\u00ading the dec\u00adla\u00adra\u00adtion, the per\u00adson being warned under\u00adtakes to refrain from the alleged infringe\u00adment (e.g. use of a logo on a web\u00adsite) in future and to pay a con\u00adtrac\u00adtual penalty in the event of an infringe\u00adment. The dec\u00adla\u00adra\u00adtion to cease and desist is intended to ensure that repeated or fur\u00adther infringe\u00adments (risk of rep\u00ade\u00adti\u00adtion) do not occur. <\/p>\n\n
How should I react to a warning letter?<\/h2>\n\n
- \n
- Are you allowed to use the work of oth\u00aders? Please remem\u00adber that third-party mate\u00adr\u00adial must gen\u00ader\u00adally be pro\u00advided with a license notice (excep\u00adtions: pub\u00adlic domain works, CC Zero, etc.). Place the license notice and copy\u00adright infor\u00adma\u00adtion as close as pos\u00adsi\u00adble to the work so that you com\u00adply with your oblig\u00ada\u00adtion to acknowl\u00adedge author\u00adship, 13 S.1 UrhG <\/a>.<\/li>\n\n\n\n
- Is there no license notice? Please note that third-party works are also pro\u00adtected by copy\u00adright with\u00adout a copy\u00adright notice from their cre\u00adation and gen\u00ader\u00adally 70 years after the death of the author! If this period has already expired, you may incor\u00adpo\u00adrate a third-party work into open edu\u00adca\u00adtional mate\u00adri\u00adals.
![\"Screenshot](\"https:\/\/www.twillo.de\/wp-content\/uploads\/2025\/05\/CC_BY_4-0_license_Screenshot.jpg?t=1747212440\")
<\/a><\/figure>\n\n