The term “Internet law” or “online law” refers to those areas of law that are affected by activities or a presence on the Internet. This includes, for example, competition law, copyright law, or domain and trademark law.

Unlike many other areas of law, the regulations for internet law are not found in a single body of legislation but are spread across various laws. The reason for this is that internet law is considered a cross-cutting matter.

The city of Cologne, where our law firm is based, plays a prominent role as a trade fair city in matters of the Internet. Many trade fairs for so-called internet companies are held in Cologne, and many important companies in this field are also located in the city.

As a result, many clients in the field of internet law come from Cologne. Nevertheless, attorney Helmer Tieben also provides advice to companies and individuals nationwide.

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The following topics frequently arise in the firm’s advisory practice:

I. Copyright Law/Defense Against Cease-and-Desist Orders

According to Section 7 of the Copyright Act, the creator of a work is the author. Copyright protects artistic or scientific-technical achievements that represent a certain level of originality and creativity.

This protection exists independently of any registration, copyright notice, or other formalities. If a work falls under copyright law, the owner of the work holds what are called moral rights to the work. This means that the author alone can decide when and how their work will be published. They also hold the economic exploitation rights to the work, granting them exclusive rights to its exploitation.

This copyright protection begins with the creation of the work and ends 70 years after the author’s death (post mortem auctoris). Only after this protection period expires can the work be freely used.

• Protected works of literature, science, and art include:
• Written works, such as books, speeches, and computer programs;
• Musical works;
• Pantomimes, including dance works;
• Works of visual arts, including architectural and applied art, as well as designs for such works;
• Photographic works, including works created similarly to photographs;
• Film works, including works created similarly to films;
• Scientific or technical representations, such as drawings, plans, maps, sketches, tables, and models.

The Copyright Act has become more prominent in recent years, especially because many people have received cease-and-desist letters from record companies, film studios, and software manufacturers for allegedly downloading films, music, or software via file sharing.

However, it’s important to note that one is not obligated to comply with every demand made by the party issuing the cease-and-desist letter. In many cases, claims for damages and attorney’s fees can be dismissed or significantly reduced. Remaining claims can sometimes be settled with a payment plan. If you have received such a cease-and-desist letter, do not sign the accompanying declaration but contact attorney Helmer Tieben first.

The same applies to cease-and-desist letters for unauthorized use of a photo on the Internet. Even if you downloaded a supposedly royalty-free photo from a well-known database, it may turn out that the photo was not royalty-free, and you could receive a cease-and-desist letter from the copyright holder or their attorney. In such cases, do not respond immediately and instead contact us to represent you. Simply give us a call.

II. Cyberbullying/Subscription Traps

Another major issue on the Internet is cyberbullying. This involves individuals being insulted or defamed by others, usually in popular social networks.

Cyberbullying can occur in all major social networks. If you have been the target of such defamation, insults, or threats, or have received a cease-and-desist letter for a comment, attorney Helmer Tieben is happy to provide comprehensive advice to enforce your rights.

The first step is to issue an out-of-court warning, setting a deadline for the person responsible to remove the offending comments and refrain from making similar comments in the future. At the same time, the person should be asked to sign a cease-and-desist declaration. If they do not comply, the cease-and-desist order should be enforced through an injunction or a lawsuit.

Attorney Helmer Tieben can also assist you if you have fallen victim to a subscription trap. In such cases, users are often offered free software or services, but when downloading, they unknowingly agree to a subscription by accepting the provider’s terms and conditions, often without reading or understanding them. This leads to long-term financial commitments.

If you have become a victim of such a scam, call attorney Helmer Tieben, who will promptly challenge the claims made by the unscrupulous provider.

III. Website and Online Presence Reviews

Many website operators have been subject to cease-and-desist orders or legal disputes because their websites do not comply with legal requirements. Numerous court rulings have addressed cases of injunctions and/or damages claims related to incorrect provider information or legal notices.

Even using an online legal notice generator, such as the one offered on this site, often does not replace individual legal advice. Attorney Helmer Tieben is happy to review your entire website to ensure it complies with legal requirements. This applies to standard websites, blogs, or online stores. The review includes aspects such as provider identification, withdrawal instructions, and data protection implementation. Copyright and advertising law issues are also taken into account.

You can rely on continuous training and extensive experience in this area. Contact attorney Helmer Tieben to see if we can help you.

IV. Online Marketing – Advertising Law

Those using the Internet for advertising often do not know the legal boundaries they must respect. A variety of laws apply, coupled with numerous court rulings.

Online advertising generally takes two forms: email marketing or presenting the company or business on a website.

Depending on which form of advertising you choose or intend to use, various pitfalls must be avoided to prevent costly cease-and-desist orders from competitors.

For example, for freelancers such as tax advisors or lawyers, professional and ethical regulations apply. These regulations, linked to Section 3 of the Unfair Competition Act (UWG), can become the subject of competition law disputes.

In terms of product advertising, German competition law contains numerous product-specific advertising restrictions that must also be observed in online marketing (e.g., advertising for pharmaceuticals in the German Medicines Act and the Advertising of Health Products Act).

Contact attorney Helmer Tieben if you want to be on the safe side with these issues.

V. Domain Law

Domain law is not codified but has evolved through judicial development. The key principle in domain law is the so-called “first come, first served” rule. Exceptions to this rule arise from name rights or trademark rights.

We are happy to check if your desired domain is legally sound and whether there are any potential name or trademark issues. We will also enforce your rights against competitors or other parties if your rights are infringed.

If you have a legal issue in the area of domain law, contact attorney Helmer Tieben, and we will solve your problem.

VI. Contract Law on the Internet

Distance Contracts

Contracts for goods and services are increasingly being concluded online (e.g., via eBay, Amazon, etc.). These contracts have the same effects and consequences as contracts signed in person. However, consumers generally have a special right of withdrawal when entering into such contracts.

To assert claims arising from distance contracts in legal disputes, a precise understanding of applicable withdrawal and return rights is essential. If you have legal issues resulting from a distance contract, attorney Helmer Tieben is happy to provide comprehensive advice and assert your rights. Just give us a call!

IT Contracts

Due to the variety of the Internet, there are now many different types of IT contracts. Only a few important ones will be mentioned here:

If you, as a business owner or consumer, want to have a website created, the first step is to conclude a contract for the creation and publication of a website. Attorney Helmer Tieben can advise you before concluding such a contract on the rights and obligations that arise from it, or whether you can assert any rights from a contract that has already been signed if the website is poorly created or maintained. Attorney Helmer Tieben advises both the website creator and the consumer.

The best website is worthless if it doesn’t attract visitors or customers. Many website operators, therefore, hire an SEO agency to optimize the website so it can be easily found by potential customers. A contract for search engine optimization (SEO contract) is then concluded between the SEO agency and the client. Attorney Helmer Tieben is happy to review your SEO contract and inform you of your rights in case of poor performance.

Another type of contract is the search engine marketing contract. This includes, for example, placing paid ads (so-called AdWords) on popular search engines and much more. Attorney Helmer Tieben also offers comprehensive advice on this.

To optimize and streamline their business processes, many internet companies use general terms and conditions (GTC). Depending on the industry and business sector, these terms and conditions must meet specific requirements. Attorney Helmer Tieben is happy to draft your general terms and conditions and provide advice on how to streamline your contract conclusions.

If you need advice on internet law, contact us at 0221 – 80187670 or send an email to info@mth-partner.de.