Pursuing Legal Action Against Copyright Infringement?

[mrdavis909]

Hi, I'm new here but imagine i'll be spending a bit of time 'round this way. I've read the FAQs and looked around a bit to find help, but my problem is a little complicated.

My issue is this: my old band cut a CD in 2007. We financed and produced it ourselves, and through a third party hooked up with a 'local label' (aka one dude that drove a nice car). We entered a contract with him to press X amount of copies of our already-produced album, handle the artwork, ect in exchange for the difference in what he paid for the CDs from the press and what we paid him for each one, as well as an option on our next record. This was settled with a very short, simple contract.

Anyway, it's 2012. He is dead, the contract we had (as well as our masters) was trashed by his family, and our music is for sale online in every possible venue via The Orchard. Itunes, Amazon, ect. Of course, the shady group known as The Orchard has ignored my persistent requests to either take the music down or hand the late label owners account over to me. I was infuriated today to receive an email from Youtube claiming that music on my Youtube account was property of the IODA/The Orchard.

I've had enough. I am in communication with Itunes and it looks like they may take it down, but there are countless online stores selling my music. Can someone suggest my next move?

Thanks so much in advance,

Davis

Edited October 4, 2012 by mrdavis909

[john]

Hi Davis

Firstly, do you have a copy of the contract? I would hope so, because that is your case right there. Secondly I would raise a take down request with Google and with YouTube, iTunes etc. make sure to include a list of all pages that could be listed on Google, including the label websites. They do not want embroiled in a copyright war, so they should comply. If they have no contract to show their right to use the work and you can demonstrate that it is your work, then you could make some headway. They have to demonstrate ownership of the work at some point.

I would also contact a lawyer to send them a legal request to stop all of these actions. It need not cost a lot to send a letter. He will want to see the contract.

Consulting your local musician's union or professional body may get you some legal help.

[mrdavis909]

No copies of the contract exist from either party. No one is in contact with the Orchard since the label owners death in 2010.

Thanks much for your input! I filed a dispute with YouTube and the Orchard immediately reviewed and reinstated their claim on my music. If you visit the Orchards Facebook, a lot of people are having the same issue i am.

[mrdavis909]

No there were not

[john]

ouch.

I would do that now. That aside, you should still be able to prove that you wrote the songs, paid for recoding studios etc. Do you have the masters? there is usually a paper trail. If they have no contract then they likely have no evidence of a claim. As I said, start by requesting a take down notice with google citing any and all pages related to the work, also to Facebook. I would also re-do the take down on YouTube, describe the case fully. Not that you have misplaced the contract.

What country are you in?

[mrdavis909]

ouch.

I would do that now. That aside, you should still be able to prove that you wrote the songs, paid for recoding studios etc. Do you have the masters? there is usually a paper trail. If they have no contract then they likely have no evidence of a claim. As I said, start by requesting a take down notice with google citing any and all pages related to the work, also to Facebook. I would also re-do the take down on YouTube, describe the case fully. Not that you have misplaced the contract.

What country are you in?

I am in the united states. I am going to go ahead and copywrite the songs this weekend. The vocalist of said band contacted me yesterday and said he believes there is a copy of the contract at his parents house, and we can look for it when he comes home in December. Until then I am going to take my video off of Youtube, register with BMI (for my future works), and copywrite the songs. Thanks for the tip on Google! I was unaware one could do that.

The masters were in possession of the label at the time of his death, and are believed to have been destroyed/deleted.

[MikeRobinson]

The problem here is that your claim of copyright, made now, might be seen as specious. You need proof. An objective trier-of-fact would listen to your claim, weigh it against the fact that apparently the only individual who could advance a counter-claim is now dead, and be faced with a "He said, and she's dead" conundrum. (Think about it ... how would you rule, given such a case, and why?)

"The Orchard," whoever they are, appears to believe that they have the legal right to do what they're doing, to the point of their re-stating their claim when you disputed it. You're going to have to have a decisive and objectively-convincing reason to show, to an objective and impartial trier-of-fact, why that assertion is both unfounded and damagingly so.

Edited December 27, 2012 by MikeRobinson