What is a modified cease-and-desist declaration (modifizierte Unterlassungserklärung)?
In order to avoid the risk of repeated infringement as well as court proceedings it is by no means necessary to submit the cease-and-desist declaration that comes with cease-and-desist letters. Even declarations with amended wordings, which are referred to as modified cease-and-desist declarations, are suitable to rule out the risk of repeated infringement, provided the declarant undertakes in it to desist from the activity he/she is accused of and the declaration entails an appropriate fine.
The question of which precise items the cease-and-desist declaration should refer to depends on the individual case. If numerous titles/items were offered for uploading then it might be advisable to be more inclusive in order to avoid future cease-and-desist letters (one cease-and-desist letter is issued for one title, shortly followed by the next one, etc. … ).
Share on Facebook
English
Deutsch 
cease-and-desist archive
