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kgenus · Posted: Mon Jan 02, 2006 10:01 pm Post subject: Internet Copyright Protection

I have a bit of a problem with a local studio who has without my permission placed my demo on their website. This is not an issue of additional marketing, I have no desire whatsoever to be associated with the company or its operator / owner and as far as I'm concerned, it's an illegal broadcast. Does there exist a legal document that addresses illegal usage of audio on the internet?

Kevin
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Genus

Dave · Posted: Mon Jan 02, 2006 10:20 pm Post subject:

Hi Kevin...

Firstly... I'm not an attorney but the fact of the matter is:

You already own the copyright to your work (website/audio/demo etc) upon the instant of its creation...and therefore the right to police its use.

If these guys have snatched your demo and use it without your permission you can simply make a phone call and tell them to pull it down or legal procedings will follow...whether you do or not is entirely up to you but I can't imagine someone refusing to grant your polite request.

As for a fully documented/legally registered copyright...its pretty easy just visit http://www.copyright.gov/ and you'll find everything you need.

Dave
(a one time law student that chucked the whole thing to pluck his magic twanger for a living)
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. If at first you don't succeed, then bomb disposal probably isn't for you.

Frank F · Posted: Mon Jan 02, 2006 10:29 pm Post subject:

Just a thought... have you asked them "nicely" Gasp

- why? Also have you asked them to remove your demo from their site? (Personally I'd listen to their answer to the first question before asking the second...).

Sometimes, to quote an old movie "...you have to take out the trash, but, be NICE" Ninja

(Roadhouse, Patrick Swasey). Don't be like the Germans and "burn your bridges", you might need to retreat or go backward to move forward - and without the bridges - you could be stuck...

You never know - they may have done you a favor without your knowledge... maybe a client asked them for your demo, or maybe they felt YOU are the best of the local talent, or they "like" you, or....

There IS some legal precedence, but by being "nice" - you may find you have gained an ally, not someone you would rather not do business with...

Did they produce the demo for you? If so, they may think they have some ownership. Ask why - nicely, you may be surprised at the answer...

Be nice...

Frank F

Deirdre · Posted: Tue Jan 03, 2006 4:40 am Post subject:

Kevin--

If you need someone to stand in as your "assistant" and make the nice call, let me know.

I give great phone.

DB
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DBCooperVO.com

kgenus · Posted: Tue Jan 03, 2006 10:56 am Post subject:

DB, you are my kind of woman!!

Frank, I've worked with the individual in the past and the production level was so poor I made it very clear that I would no longer utilize his services. At the time, my demos were not on his site and he certainly had no hand whatsoever with the demo yanked from my site. I have taken your advice and asked nicely, I'm sure his reply will be extremely long winded and colorful because he was pretty upset last time.

Dave, thanks for the link, while I wait I'm just going to use this info to write my followup letter.

Kevin
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Genus

Charlie Channel · Posted: Tue Jan 03, 2006 5:41 pm Post subject: Re: Internet Copyright Protection

Frank F · Posted: Tue Jan 03, 2006 5:59 pm Post subject:

Kevin,

The "Cease and Desist" letter is a good start- bearing in mind your efforts to "ask nicely" have failed... Document your efforts on the request - the documentation will help if you get to court on the matter.

You do not need an attorney to do this, it is called going Pro Se or representing yourself as yourself, but you might consider structuring the "Cease and Desist" order in legal form ... therefore, allowing you to "file" the document and get a court to "order" the "Cease and Desist" if the producer/studio does not comply... Consider your areas Small Claims Courts as a remedy in the matter. Once many people get a legal document served upon them, they usually will work to settle the matter quickly. Also document as best you can the website in question (copy the current website and keep it on file.. print it out as well...). You will need to consider what it is "worth" to you for the producer to have YOUR demo on HIS/HER website... you will need to answer this question before you can file a lawsuit.

(Got one of those going on right now as a matter of fact... couldn't settle it with a "nice" request, and it has now festered into a $25,000.00 lawsuit in addition to the "Cease and Desist". Time to "...take out the trash".) I always try to be "nice" first - then I go for the throat...

Frank F

Deirdre · Posted: Tue Jan 03, 2006 6:22 pm Post subject:

Frank F · Posted: Tue Jan 03, 2006 7:09 pm Post subject:

How'd you know...

I believe in the KISS System... Keep It Simple Silly - first... then KISS them goodbye... Just like in the "Godfather".

Frank

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