High fines for illegal downloading in Germany: what can you do?
Illegal downloading or streaming can lead to high fines in Germany. Fines of €1000 are not uncommon. German lawfirms are increasingly taking action in behalf of (often large American) media concerns. Have you received a fine? Then read our advice below.
How it works
Every device connected to the internet has a unique IP address. If something has been downloaded or streamed illegally using a German IP address, the owner of the IP address can be traced and fined. The fine will state that the media company has lost income due to the illegal download or stream.
The European Consumer Centre occasionally receives questions about this topic from Dutch consumers. For example because they have vacationed in Germany and have downloaded a movie during their stay in a holiday home. The recipient of the fine (e.g. the landlord/owner of the used internet network) may have been asked to pass on the details of the person responsible for the illegal download.
What can I do?
What can I do?
Sometimes the recipient of the fine is not the person who downloaded or streamed something illegally. Perhaps the IP address has been used by someone else. In this case you are not responsible for the illegal download. However, you could still be held responsible for cooperating in an illegal download.
Did you yourself not download or stream anything illegally? Then we advise you to share this with the law firm that has sent you a fine. Indicate that you did not download anything and that you object to the fine. Keep your message clear and to the point. Any further details you provide could be used as evidence against you.
#did-not-dowload-or-stream-illegally
If you did download or stream something you weren’t supposed to, take your time to carefully consider your reply. Any details you provide could be used as evidence against you.
This does not mean you can ignore the fine. German law firms are often quick to take further action if you do not respond. Please be sure to keep a close eye on the deadlines mentioned in the letter.
We advise you to seek the help of a consultancy firm or law firm that is specialised in these types of fines. Be sure you agree on the cost of the firm’s help or advice before agreeing to any services.
The firm can check the following things for you:
- Can the IP address indeed be traced back to you?
- Are the mentioned amounts you have to pay fair? The amounts mentioned in these letters are often too high.
- Are the mentioned conditions fair to you? The conditions mentioned in these letters are often written in favour of the media company.
#did-download-or-stream-illegally
Finding a specialised lawyer
Germany has many specialised lawyers and advisors who deal with these fines. If you are looking for help, please consider the following steps:
- Use a search engine and type ‘wehren gegen Abmahnung von <name of the law firm that has sent you the fine>’ (‘defend against a warning from…’).
- Found a lawyer or advisor? Check their credentials in German register of lawyers. Fill in the first and last name of the lawyer.
- Be sure you agree on the cost of the firm’s help or advice before agreeing to any services.
Other legal advice
Unfortunately, the European Consumer Centre is not able to help in the cases described above. Illegal downloads are not part of consumer law, but fall under intellectual property laws. The media companies involved are often located outside of the EU.
Within the Netherlands you may be able to receive free advice from Clinic regarding this matter. The organisation is concerned with intellectual property law.