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Forums: Serious Legal Discussions - No Flames!: I Need Help johnthetaxi or anyone else with leagal knowledge
ineedhelp08
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Subject: I Need Help johnthetaxi or anyone else with leagal knowledge
Date: May 15, 2007 @ 7:16 PM
Hi guys, I am in a bit of a jam here. First off I am a mixshow DJ on a few commercial stations and college stations across the nataion. Back in 04 the FBI burst in my house with shotguns and sat me down to tell me I am in trouble for downloading music. Now I understand I can be in trouble if I am an average joe but here is the problem, the RIAA sues people on behalf of the record companys right? Well I get serviced all this music directly from representitives that work at these labels. I even have a few certified RIAA gold and platnium plaques on my wall. So if im guilty of anything its the fact that I got a 2 week or so jump on the music that was being sent to me through the mail. Well a few years went by and now 2 new agents came to my door and handed me a letter saying they are almost ready for my case. I naturally thought this all blew over once they realized who I was but it did not. Can anyone offer any advice or reffer me to a lawyer who can take my case. Time is sensitive!!!! Thanks |
johnthetaxi
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Subject: Re: I Need Help johnthetaxi or anyone else with leagal knowledge
Date: May 16, 2007 @ 1:35 AM
You need to seek professional legal advice--NOW! The following is not legal advice and should not be regarded as such. At best, it is just a few facts I am aware of and some personal opinions which may or may not be legally correct. It is offered on this forum in the spirit of member co-operation and the free exchange of ideas and opinions which is the stated purpose of this website.
You face two potential problems. (1) Unauthorized download of copyrighted music and (2) unauthorized commercial use of copyrighted music.
First you should document the right to access you believe came from the record company reps. I am not sure if I understand the download source you used. If it was a source authorized by the reps you mention, you should be OK. If you had reason to believe they had "apparent authority" (legal term) to allow you online access and download privilege to a site they control you should be able to make a case. If you downloaded from another source not controlled by these reps and without their authorization you are probably in trouble. Even if you would have received a free authorized copy of the music in the mail, that fact does not give you a legal right to go out and download it from some other source without express permission.
Second, you should find out if there is any licensing problem in your use of the music on these radio stations. You are probably safe unless you are selling your show to these stations as a complete package. (Shows like American Top 40 or other syndicated shows pay a licensing fee to BMI/ASCAP for use of the music they play.) All radio stations will have a BMI/ASCAP license which will cover their use of music but if your show is sold to them, you would also need a BMI/ASCAP license just like any syndicated show. Record reps can not grant BMI/ASCAP license authority. Licensing is for use of the copyrighted music and lyrics in commercial venues. Understanding the difference between private party infringement on copyrights by downloading and copyright licensing fees for commercial use is a little tricky. They are two very separate issues. The copyright for the recording belongs to the record companies (who probably pay a fee to BMI/ASCAP for licensing of the music and lyrics unless they own them outright). The copyright for the music may or may not belong to the record company. Music copyrights are owned and traded like stocks and bonds. For example, Michael Jackson owns the copyright to all Beatles music. Every time someone plays a Beatles song on the radio or in a club or even music in an elevator, Michael gets a few cents because he owns the music copyright. He could sell the copyright to, say, GOOGLE who would then own the copyright and right of compensation for commercial use of the music. The licensing fee paid for commercial use of music and lyrics goes to BMI/ASCAP (not the record company) who then distributes royalty checks to the copyright owners for the commercial use of their copyrighted material. |
ineedhelp08
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Subject: Re: I Need Help johnthetaxi or anyone else with leagal knowledge
Date: May 16, 2007 @ 5:29 PM
thanks for your response the second issue is not a issue because my station is monitored by nielson and the artists all get paid and i am not paid for doing my show. I spoke to a lawyer with experience in this and he said that i am actually being sued by the gov. and that this cause is alot worse then just the labels sueing me, how this is i have no idea???? if u have a email id like to talk directly to you john
thanks |
johnthetaxi
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Subject: Re: I Need Help johnthetaxi or anyone else with leagal knowledge
Date: May 16, 2007 @ 10:34 PM
You can contact me at onetime2@hawaii.rr.com This is a throw away address, it is only good for 48 hours. When I hear from you I will give you a permanent address to use. |
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