The concept of the Internet law or online law concerns those areas of law that can be affected by activities or representation on the Internet. This includes, for example, competition law, copyright law or domain and trade mark law.

Unlike many other areas of law, the regulations on internet law are therefore not contained in one set of laws, but can be found in various codes. The reason for this is the fact that Internet law is a so-called cross-sectional matter.

The city of Cologne, where our law firm is based, plays a prominent role as a trade fair city when it comes to the Internet. A number of trade fairs for so-called Internet companies take place in Cologne and many important companies in this field are also based in the cathedral city.

Many of his clients in the field of internet law therefore come from Cologne. Nevertheless, Mr Helmer Tieben naturally advises both companies and private individuals nationwide.

The following topics repeatedly arise in the firm's advisory practice:

I. Copyright law/defence against warnings

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

This protection exists independently of registration, a copyright notice or other formalities. If the work is then subject to copyright, the owner of the work has so-called moral rights to the work. This in turn means that the author alone can decide when and how their work is published. He also holds the economic exploitation rights to the work, which give him the exclusive right to exploit it.

This copyright protection begins with the creation of the work and ends 70 years after the death of the author (post mortem auctoris). The work can only be freely utilised after this protection period has expired.

The protected works of literature, science and art include in particular:

• Linguistic works, such as written works, speeches and computer programmes;
• Works of music;
• pantomime works including works of dance art;
• Works of fine art, including works of architecture and applied art, and designs of such works;
• Photographic works, including works created in a similar way to photographic works;
• Cinematographic works, including works created in a manner similar to cinematographic works;
• Representations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and plastic representations.

In recent years, copyright law has become the centre of attention primarily because many people have received warning letters from record companies, film companies and software manufacturers because they have actually or allegedly downloaded film, music or software works from the Internet via file sharing.

However, it should be noted that you are by no means obliged to comply with all requests made by the warning party. In a large number of cases, claims for damages and lawyers' fees can be fended off or at least significantly reduced. Remaining claims can then sometimes be settled with the help of an instalment payment. If, for whatever reason, you have received such a warning letter, do not sign the enclosed cease-and-desist declaration under any circumstances, but call Mr Helmer Tieben, lawyer, first.

The same applies to a warning letter for the unauthorised use of a photo on the internet. Even if you have downloaded an allegedly licence-free photo from a well-known database, it is possible that the photo was not licence-free at all and you will receive a warning letter from the copyright holder or their lawyer. Here, too, you should not react at first and instruct us to represent you immediately. Simply give us a call.

II Cyberbullying/subscription trap

Another major topic on the Internet is the so-called Cyberbullying. This involves people being belittled or insulted by third parties, usually on popular social networks, through unacceptable comments.

Cyberbullying can occur in all major social networks. If you are the recipient of such an unacceptable comment, insult or threat, or have been warned about a comment, Mr Helmer Tieben will be happy to provide you with comprehensive advice on how to enforce your rights.

As a first step, the person should be warned out of court, setting a deadline, to remove the statements made on the Internet and to refrain from making such statements in future. At the same time, the person should be asked to submit a cease-and-desist declaration. If the person does not comply with this request, the cease-and-desist declaration should be enforced either by way of interim legal protection or by taking legal action.

Mr Helmer Tieben will also advise you if you have fallen victim to a so-called subscription trap. Subscription traps on the Internet often offer the user free software or a service. In order to download these, the user has to tick a number of different boxes. Among other things, they must also accept the provider's terms and conditions, which are usually not read through and/or not understood. With these terms and conditions, the user then accepts a subscription for further software or other things and has entered into a long-term financial commitment.

If you are the victim of Subscription trap If you have become aware of this, please call Mr Helmer Tieben so that he can counter the claims of the dubious provider immediately.

III. review of your websites or your online presence.

Many website operators have already been the subject of warnings or even legal disputes because their website does not comply with legal requirements. Numerous judgements deal, for example, with Injunctions and/or claims for damages due to incorrect provider labelling/imprint.

Even the use of a so-called Imprint-Generatorsas offered on this website is in many cases no substitute for individual advice. Helmer Tieben will be happy to check your entire website to see whether it fulfils the legal requirements. This applies to normal websites, blogs or online shops. The check includes, for example Provider labellingcancellation policy or the necessary implementation of data protection. Of course, we also include copyright and advertising law issues in our assessment.

You can rely on his ongoing training and experience in this field. Simply contact Mr Helmer Tieben so that we can decide together whether we can help you.

IV. Online marketing - advertising law issues

People who use the Internet for advertising purposes often do not know what legal limits need to be observed. A variety of laws come into play here, coupled with a variety of court decisions.

Broadly speaking, advertising on the Internet comes in two forms: on the one hand through advertising emails, and on the other through the presentation of the company or business on a website.

Depending on which form of advertising you use or would like to use, there are various pitfalls to avoid expensive warnings from competitors.

For example, in the case of freelancers such as tax consultants or lawyers, professional ethics and professional law can be mentioned here, which can be made the subject of competition law disputes under Section 3 of the German Act Against Unfair Competition (UWG) under the aspect of professional negligence.

With regard to the advertising of products, German competition law recognises a wealth of product-specific advertising restrictions that must also be observed for online marketing (e.g. pharmaceutical advertising in the German Drug and Drug Advertising Act).

Contact Mr Helmer Tieben, lawyer, if you want to be on the legally safe side in these matters.

V. Domain law

Domain law is not standardised by law, but has developed solely from the judicial development of the law. Domain law is governed by the so-called priority principle. Exceptions to the priority principle result from the law on names or trade mark law.

We will be happy to check for you whether the domain you want is unobjectionable and whether your choice raises any problems under name or trademark law. Of course, we will also enforce your rights in relation to domain law against competitors or other persons if your rights are infringed by them.

If you have a legal problem in the area of domain law, please contact Mr Helmer Tieben so that your problem can be solved.

VI Contract law on the Internet

1. distance contracts

Contracts for goods and services are increasingly being concluded over the Internet (e.g. via eBay, Amazon, etc.) (distance selling contracts). It should be noted that contracts concluded via the Internet naturally have the same effects and consequences as a contract signed in person. However, the consumer who concludes such a contract is generally entitled to a special right of cancellation.

In order to assert claims arising from distance selling contracts in the event of legal disputes, it is essential to have precise knowledge of the applicable cancellation and return laws. So if you have legal problems resulting from a distance selling contract, Mr Helmer Tieben will be happy to advise you comprehensively and assert your rights for you. Just give us a call!

2. IT contracts

Due to the diversity of the Internet, there are now a wide variety of so-called IT contracts. Due to the large number of these, only a few important ones are presented here:

If you would like to have a website created as an entrepreneur or consumer, the first step is to conclude a so-called Contract for the creation and publication of a website. Mr Helmer Tieben will be happy to advise you before the conclusion of such a contract as to what rights and obligations arise from it or whether you can assert any rights from a contract already concluded in the event of defective creation or maintenance of the website. It goes without saying that Mr Helmer Tieben advises both the creator of such a website and the consumer.

The best website is worth nothing if it does not generate any visitors and therefore no customers for its operator. Many website operators therefore commission a search engine optimisation agency (SEO agency) to design the website in such a way that it can be found easily by interested customers. The SEO agency and the customer then enter into a so-called Search engine optimisation contract/a so-called SEO contract concluded. Mr Helmer Tieben will be happy to review your SEO contract and tell you what rights you have in the event of poor performance.

Another contract is the Contract for search engine marketing. This contract includes, for example, the placement of chargeable adverts (so-called Adwords) on the Internet in common search engines and much more. Here, too, Mr Helmer Tieben offers comprehensive advice.

In order to optimise and streamline their business processes, many companies operating on the Internet use so-called General Terms and Conditions (GTC). Depending on the industry and business sector, these terms and conditions must fulfil specific requirements. Mr Helmer Tieben will be happy to draw up your general terms and conditions and provide you with general advice on how to rationalise your contracts.

If you need advice in the area of Internet law, please call us without obligation at 0221 – 80187670 or send an email to info@mth-partner.de