Alex Lit

What is a cease and desist? More and more people be dunned down due to copyright infringement on the Internet. Required the Declaration of default and additional compensation, the amount of which is often happening between 290 and 1500 is regularly. Experience shows that many of those affected by the warning letter are overwhelmed and in the heat of battle, the sign Declaration attached letters writing. This can lead to extensive further consequences. After all the declarant for 30 years pledged a failure. In the cease and desist the declarant undertakes a specific unlawful conduct to refrain from. Is a cease and desist, the declarant is no longer possible to refrain from consuming.

The cease and desist eliminates the “risk required for an injunction or restraining order”. The risk can be eliminated but only then, if is the declarant in the Cease and desist commits to the payment of a reasonable contractual penalty in case of a further infringement. Otherwise, the Declaration of discontinuance may be rejected by the rights holder. On the enforcement of a claim for damages, the Declaration has no effect. The enforcement will remain as before.

To eliminate the risk and to avoid court proceedings, never issued the Declaration included in the warning. A modified explanations, a so-called modified cease and desist, is suitable to eliminate the risk of repetition, as long as the declarant is committed itself, that criticized behavior refrain and the Declaration is sufficiently decreed him. Depends on each individual case, how far is the cease and desist to grasp. Many titles were for the upload ready kept, it may be advisable to include the cease and desist order cease and desist letters (first a title is called off, a short time later the next) to prevent. How can I protect myself from further warnings? A subsequent warning is a further warning. This often takes place, if known to the opposite side, for example in file sharing networks, further violations. However, the risk of subsequent warnings can be reduced by the issuance of a cease and desist accordingly preventive. The preventive cease and desist is an instrument to get warnings before. A cease and desist letter has the purpose to ask the infringer to refrain from unlawful behavior in the future. The infringer, but before receiving a cease and desist letter is committed in a preventive and desist. The warning comes then in the blank. Incurred costs should not be estimated in this case! A preventive cease and desist is common in filesharing constellations to the course. Because this experience has shown that the danger, that after a first warning a one second, third etc. follows. Not only is most of the other side Copyright infringement is known to a music file or a movie etc., but is aware of other violations. This year regular individual songs are warned off, were part of a sampler or chart container (E.g. Bravo hits German top 100, future trance, etc.). Here is the great risk of further warnings. Find here what other title be warned off. If the first warning of a sampler or a chart container has arrived, as soon as possible preventive cease and desist should be placed. Of course, still more warnings can arrive. However no legal fees may be required in the case, but only the damages alone. To enforce this, the Abmahner however must prove that the have from connection owner in person has committed this violation. This is regularly virtually impossible if there is no confession of the connection owner. Her Tobias Arnold

According to the principle of equality of arms”between workers and employers should be conferred on the line of the discussion that third person. This person may be, for example, a specialist or Executive or a lawyer or mediator. The person should have following requirements:? labour law expertise? Experience in arbitration and resolving conflicts? Ability as a mediator, to act moderator and encoder? Ability, a factual talk time and working atmosphere 6. “The separation call the rapid, consensual and silent” termination of employment must be planned carefully. The involvement of the Works Council is absolutely necessary. This is often very critical staff reductions.

Is he involved in the creative way, he also recognizes that the present solution for the benefit of the company happens. Tip: In a joint event with management and Works Council planning should be detailed and explained. “In particular, should the benefits which the silent separation” has over a normal termination variant, be discussed in detail. It is advisable, in this event already the arbitrator”to imagine, because he is the pivotal point of the future abortion. Ultimately the lengthy and costly (in the first instance in the proceedings of the working benefit also workers, them when the proposed solution as Each Party shall bear their own costs) dispute remains spared. The time gained can be used for the professional reorientation. It should be noted again: A separation of the staff would be sooner or later in any case followed. This friendly and quiet”away however offers the possibility, to snatch victory from this predicament.

The far-fetched external mediators to assist in this respect again. He should adequately take into account the legitimate interests of the employee and include its interests in the solution process. Just as a relationship of trust in the employee’s can be installed on which is essential for the consensual solution. The following flow chart to assist in the planning and execution of the separation talks. Assumed is in this overview of a larger number of necessary meetings. Schedule and preparation? A roster of employees, of which you would like to disconnect? Collection of accurate information on each one Staff? Balancing this information with the management and the personnel department? Final decision on the separation of candidates”? Possible inclusion of replacement candidates? Involvement of works councils, staff Council and other employee organisations? Notice to workers, that separation discussions through implementation? Notice the external moderator? Present: 1 staff, 1 member of the Works Council, 1-2 managers, 1 moderator? Implementation of the conversation headed the moderator? Atmosphere: quiet, daylight, drinks? Clear, unambiguous statements? Sensitive direction by the moderator? Note also the negative aspects (unemployment etc.)? Provision of assistance (application training, etc.)? Fair conditions of separation agreement? Subsequent discussions with employees and/or their legal counsel? Message to the workers of the outcome of the separation talks 7 balance sheet in good preparation and using a professional Mediator can be positive exit most of the separation talks for both parties. Through this positive consensual way of fighting in court can be avoided, the financial burden of the parties is reduced and this way has a positive effect on the working environment and the company’s image. The silent”separation benefits only and is forward-looking for the termination of employment. We wish you much success and joy at the insertion and life a positive culture of separation… Best regards Petra Dalhoff, Attorney-at-law, Dusseldorf