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     PHILIPP BECKMANN - RECHTSANWALT UND NOTAR

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Urheberrecht/Abmahnung

Posted on January 30, 2013 at 3:08 PM
Die  Süddeutsche Zeitung  berichtet, dass zwischen der Union und der FDP eine Einigung über ein Gesetz erzielt werden konnte, das Verbraucher vor Massenabmahnungen bei  Urheberrechtsverletzungen schützen soll. Der Gesetzesentwurf soll Anfang Februar ins Kabinett eingebracht werden, um noch vor der Sommerpause das gesamte parlamentarische Verfahren durchlaufen zu können. Demnach soll für eine Filesharing-Abmahnung pauschal ein Gegenstandswert von EUR 1.000,00 zu Grunde zu legen sein. Das anwaltliche Honorar für eine Abmahnung beliefe sich dann auf insgesamt 155,30 €. Es steht aber zu befürchten, dass daneben Schadensersatzforderungen wegen der in Rede stehenden Urheberrechtsverletzung an den Verbraucher herangetragen werden (Berechnung des Schadens im Wege der fiktiven Lizenzanalogie). Neben dem bereits bestehenden § 97 a II UrhG will der Gesetzgeber nun einen weiteren Versuch unternehmen, die Abmahnkosten für Urheberrechtsverletzungen zu beschränken.  

Categories: Urheberrecht

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