It is a typical Internet-puzzles, the power of currently by Whatsapp the round. Santa and a number of animals, there will be described in a room, you have to guess how many feet on the ground. Who is wrong, should change the profile picture in clever Santa Claus motif. And because the question is tricky, relates to the almost every. Actually, a bit of harmless fun, but now there are suddenly afraid of warnings.

The Problem: on The image to be seen in the motif of a Christmas man, of a “Dab”gesture, of course, is not freely available, but copyright subject to. With the motive to be sold in the United States cups. And a second chain letter warns that warnings with this copyright money earned should be reported, for example, “Mimikama”.

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Holt Is really the risk of high costs? We have asked for the warnings, and Internet law specialist lawyer Christian Solmecke. “A picture is unjustified, the holder of the exclusive exploitation would have the right in this picture (…) claims against the user, he could assert,” it says in its written response.

Possible claims would thus be a demand to remove the image, the submission of a penalty-proven Declaration to cease and desist and a possible damage replacement. “In addition, the warning at the end of a claim for abgemahnt bear the cost of attorney fees.”

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in fact, it was in the past, Attempts to make unauthorised profile pictures money. According to Solmeckes about a law firm, Facebook had warned users that the images of Disney characters as your profile picture used. “The claim was, at the time, from 1000 Euro license fee and a one hundred percent premium due to the omission of Copyright notice. Added 255,85 euros in attorney’s fees and requested the submission of an imitator.”

In the current case, had the lawyer but still no warnings known. The all-clear, he is not, but “Should be protected the image, however, is actually copyrighted, so users here put basically, the risk of a warning.” To be the Chance for Whatsapp to get caught, estimates Solmecke, however, as low. “Because of the copyright of the image is likely to have considerable difficulties to track the WhatsApp users. Here he would have to have been tens of thousands of telephone numbers by testing to the relevant copyright infringement. A hardly conceivable scenario.”

So you are going to be on the safe

you should not, however, take the opportunity to use the image unwisely. “If you want to avoid from the outset in Trouble, you should always make themselves aware of the fact that images are subject to copyright and a usage of the image only with the consent of the author is lawful,” says Solmecke.

And also has a recommendation: “to be On the safe side, the one who customizes his profile pictures, or the like, or a appropriate license for the use acquires. The reckless use of other people’s images has, therefore, often expensive legal consequences. A fortiori, if the visibility of the profile picture is set to ‘Everyone’.”

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