Break down the money being demanded
These letters usually contain two separate claims: the senders costs and damages for the infringement. The law caps the first, and in competition law rules it out entirely in some cases.
✓ Verified: 11/08/2026
WHAT TO DO
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Cost reimbursement and damages rest on different legal bases. If the letter states a single lump sum with no breakdown, that alone is reason to look more closely.
Private use and earning a living are legally distinct. The cost cap targets the first, which is exactly why these letters so often try to portray the use as commercial.
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FREQUENTLY ASKED QUESTIONS
What makes up the sum being demanded? ▾
Reimbursement of the senders necessary expenses, mainly legal fees, and separately damages for the infringement itself. The law requires these categories to be itemised in the letter — if there is no breakdown, that is a defect in the letter.
What is the 1,000 euro cap? ▾
In copyright the law caps the value used to calculate legal fees at 1,000 euro where two conditions apply together: the recipient is a private individual who did not use the work for business or self-employed professional activity, and is not already bound to desist by contract, judgment or interim order.
Does that cap always apply? ▾
No. The law adds a proviso: it does not apply where that value would be inequitable given the particular circumstances of the case. The cap does not remove the claim, it limits the basis on which it is calculated.
Is competition law the same? ▾
It has its own rule: competitors recover no costs for breaches of information and labelling duties in electronic commerce, or for data protection breaches by businesses that normally employ fewer than 250 people.
Does paying quickly settle the matter? ▾
Paying is not the same as settling: the money claim and the duty to desist exist independently. Paying without dealing with the undertaking does not close the case.