In recent years, warning letters in the area of copyright law have become increasingly important. One prominent example is the warning letter from Marion's cookbookwhere the photographer Folkert Knieper the unauthorized use of his images via various law firms - including the Cyfire Rechtsanwalts GmbH with Lawyer Mirco Lehr, Lawyers Pöpken Santjer Bischoff, Dr. Lohsin & Partner and formerly Albrecht Legal - rigorously enforced. These warnings are primarily aimed at operators of websites, social media channels, restaurants and print products who use image material (often provided by external agencies) without the required license.

In this comprehensive guide, you will learn about the legal basis for these warning letters, the typical claims made and how you can proceed strategically in the event of a warning letter in order to avoid costly consequences.

Background and development

As early as 2005, the first disputes arose when images were used without a license on platforms such as chefkoch.de. Important landmark decisions, including by the Federal Court of Justice in 2009, laid the foundation for the liability of portal providers. The procedure has been refined over time:

• Early cases: The first legal disputes concerned the unauthorized use of images without a license.
• Mass warnings: Today, Folkert Knieper's copyright protection is systematically enforced via specialized law firms - not only for websites, but also for social media, printed menus and Google company profiles.
• Diverse legal representation: The changing assignment of law firms such as Cyfire, Pöpken Santjer Bischoff and Dr. Lohsin & Partner illustrates the professional and dynamic approach to the enforcement of copyrights.

Legal basis and common requirements

Copyright principles

Copyright protects all creative works, including photographs. All images created by Folkert Knieper automatically enjoy copyright protection from the time of their creation. Any unauthorized use without express consent therefore constitutes an infringement of these rights, giving rise to claims such as injunctive relief and claims for damages.

Typical claims in warning letters

The warning letters in connection with Marion's cookbook usually contain the following claims:

• Cease and desist declaration with penalty clause: This declaration obliges you to refrain from the objectionable use in the future. Careless submission can have far-reaching legal consequences.
• Claims for damages: The price per picture is often between 200 and 400 euros - in individual cases higher sums are also demanded (sometimes 4,000 to 5,000 euros per picture).
• Payment of legal fees: In addition to the claims for damages, the costs of the law firm commissioned to issue the warning letter are also claimed.
• Removal of the offending images: The immediate deletion of the affected image material from all platforms is demanded.

The amount and specific form of these claims can vary depending on the law firm commissioned and the individual case. A thorough examination of the warning letter is therefore essential in order to determine whether all allegations are justified and whether the amounts demanded are realistically enforceable at all.

Cyfire photo warning in copyright law

Cyfire's warning letter for Marion's cookbook is a prime example of the consistent enforcement of copyrighted image material in the digital age: Cyfire accuses the unauthorized user of food images of infringing copyrights through their use - whether on websites, in social media or in printed menus. Specifically, the warning demands the immediate cessation of the use complained of, the deletion of the image material concerned and the submission of a cease-and-desist declaration with a penalty clause, combined with compensation payments and the payment of legal fees.

These clearly and precisely formulated measures emphasize that any unauthorized use carries the risk of triggering conflicts under both copyright and trademark law - a prime example of modern law enforcement on the Internet.

Current developments and case studies (as at February 2025)

Even in 2025, the number of reports of warnings in connection with Marion's cookbook is increasing. Typical characteristics of current cases are:

• Short deadlines: Warning letters are often sent with very short response deadlines, for example a letter dated 20.01.2025 with a deadline of 27.01.2025.
• Temporary injunctions: We have received several examples of interim injunctions because image users refused to issue a cease-and-desist declaration.
• Diverse legal representation: Various law firms such as Cyfire, Dr. Lohsin & Partner and Pöpken Santjer Bischoff are currently engaged to enforce the claims.
• Extended area of application: In addition to traditional use on websites, social networks (e.g. Facebook, Instagram) and digital company profiles (such as Google My Business) are increasingly being targeted.
• Agency responsibility: In many cases, the offending images originate from advertising materials provided by external agencies - often without any awareness of the associated copyright risks.

These developments make it clear that the enforcement of copyrights in digital media is becoming increasingly dynamic and poses considerable challenges for small and medium-sized companies in particular.

Recommendations for those affected

If you have received a warning letter in connection with Marion's cookbook, we recommend the following procedure:

Immediate measures

• Keep calm: Don't be put off by the sometimes high demands and tight deadlines.
• Careful examination: Analyze the warning letter together with a specialist lawyer. Check whether the copyright infringement complained of actually exists.
• Obtain legal advice: Contact a specialist lawyer for intellectual property rights immediately - this is the only way to secure your rights and avoid unnecessary costs.
• No premature payments or signatures: Under no circumstances should you pay without prior legal examination and do not issue a standard cease-and-desist declaration. It is essential that you have this modified in order to avoid long-term obligations.

Further steps and negotiations

• Remove image material: Immediately delete the offending image material from all affected platforms.
• Apply for an extension of the deadline: If the response deadlines are too short, request - together with your lawyer - an extension of the deadline.
• Conduct negotiations: In many cases, the claimed damages and legal fees can be significantly reduced in out-of-court negotiations. Experienced legal representation is the key to success here.
• Documentation: Keep a detailed record of all steps and correspondence with the other party to support your position in the event of a legal dispute.

Preventive measures

To avoid future warnings, you should:

• Securing the rights of use: Only use images for which you have an express license or permission.
• Know the legal basis: Find out all you need to know about the legal aspects of copyright.
• Regular legal review: In the case of externally provided image material in particular, regularly check whether the necessary usage rights have been obtained.

Case studies and field reports

Our clients regularly report successful negotiations in which the amounts originally demanded could be significantly reduced. Out-of-court settlements and settlement negotiations have often resulted in the total costs (fee plus settlement payments) remaining far below the sums demanded in the warning letters. Particularly in the catering and online retail sectors, where images are often provided by external agencies, it is clear that a timely review of usage rights and sound legal advice are essential.

Frequently asked questions (FAQs)

What is a warning letter?
A warning letter is an out-of-court request to refrain from certain conduct (in this case the unauthorized use of images). It usually includes a demand for a cease-and-desist declaration with a penalty clause as well as payments for damages and legal fees.

Who is Folkert Knieper?
Folkert Knieper is the photographer and copyright holder of the images on the Marion's Cookbook platform. He pursues his copyrights via various commissioned law firms.

How do I react to a warning letter from Marion's cookbook?
Do not react hastily: check the warning letter carefully, seek legal advice immediately, remove the offending images and avoid making hasty payments or submitting a standard cease-and-desist declaration.

Can I reduce the claims?
Yes, in many cases the amounts claimed can be significantly reduced through targeted negotiations. Sound legal advice is the decisive success factor here.

Why do I have to pay at all?
The unauthorized use of copyrighted images violates copyright law. Even if Folkert Knieper's business model is often criticized, this does not change the legal situation.

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Our support - your strong partner in intellectual property and copyright law

If you have received a warning letter in connection with Marion's cookbook, do not hesitate to seek professional help. Me, Robert Meyenlawyer and specialist lawyer for intellectual property rights, will support you nationwide. I offer you a Free initial consultation and a comprehensive review of your warning letter. Together, we will develop a tailor-made strategy to minimize your financial burden and effectively defend your rights.

Please contact me:

• E-Mail: kanzlei@marken.legal
• Phone: 02131/4051650

Take this opportunity to seek professional advice - before you make hasty payments or carelessly submit a cease-and-desist declaration. Don't pay - don't sign - act now!