Misuse of the P2P network and the use of images from the internet may infringe copyright

Copyright covers the rights to individual intellectual creations in the field of literature, science and art, which are expressed in any way, covering e.g. films, books, poems, paintings or photographs. Copyright includes both moral and material rights, and especially the latter are in the firing line in the event of misuse of a peer to peer (P2P) network, through which content is exchanged by uploading and downloading of files, and where the user acts as both a user and a server. 

When using a P2P network, this often occurs even without the user being aware of it; if the P2P network application is running on the computer it can start seeding the contents without special instructions from the user and, thus, makes them available to other users. If the content is copyrighted, such content may be illegally reproduced, distributed and made available to the public. Such occurrence may cause damage to the author as he/she normally expects to share his/her work with others for payment rather than for free.

Even images that are available on internet browsers can be copyrighted. Except in cases specified by law (i.e. time or content restrictions of copyright), it is therefore not permitted to use an image from the internet without the consent of the author and to publish it on another website, despite the fact that the image was posted online in the first place. However, it is permitted to set an image, found online, as wallpaper on a PC because this is a permissible (and free) self-reproduction.

It is, for the alleged infringing party, in any case advisable not to ignore claims of copyright infringement but to rather seek professional legal advice. The same goes for the damaged party – a legal professional can help you enforce civil claims (e.g. cease and desist order, compensation, interim injunction) against infringers.

Regarding misuse of a P2P network, it should be noted that it is a well-established practice, especially in Germany, for production companies to enforce such claims against alleged infringers. These claims are often accompanied by a proposal for an out-of-court settlement for what is in many cases a dubious amount of compensation and therefore should in any case be assessed in the light of the established case law of the locally competent courts.