Marcel Winatschek

When the Lawyers Got Sued

The beige envelope arrives. Registered mail. Inside is letterhead, legal language, a demand: you used this image illegally. Pay two to ten thousand euros. Most bloggers don’t know copyright law. They don’t want to hire a lawyer just to find out if they’re wrong. So they pay.

A law firm in Germany built a business model around this. They sent out hundreds of these letters—five hundred or more—claiming copyright violations and demanding money. The trick was simple: they didn’t actually own most of the image rights they were claiming. But they knew that most people wouldn’t call them on it. They’d just see the formal letter, the stamp, the money, and cave. And if someone was stupid enough to negotiate instead of paying, the firm would work out a deal. Either way, the firm made money off fear.

Matthias Winks got one of these letters. Seven thousand five hundred euros for a Nathan Sawaya photo he’d used. He looked into it. The claim was baseless. Instead of paying, he did something rarer: he filed a criminal complaint against the firm for fraud and extortion. He went to the police, not back to the lawyers.

What makes this matter is that it’s a reversal. Most people just take the hit because fighting is expensive and time-consuming. But Winks decided the firm was counting on exactly that—on people being too worn down to push back. So he pushed back. And now other bloggers are filing complaints too. Maybe enough of them file that someone with actual authority starts looking at what this firm has been doing and decides it’s not just aggressive lawyering. It’s fraud.

I don’t know if Winks will actually win. But I know that the moment someone stops just paying the letter and starts filing criminal complaints, the whole equation changes.