AT Date: Sat, 10 Dec 2005 10:06:40 Chuck wrote:
>
>Our conflict is, we think it's cools that someone put it out on CD, since 
>it never was. But we would like to have some input and maybe master it from 
>the Dat tapes, as well as receive some cash for it. I mean they are selling 
>on Ebay. How best should we approach them, should we say Cease and Dissist 
>or contact a lawyer and let them deal with it? Or should we say, "Hey we 
>are in the band and we didn't give you permisson to use our music, let's 
>discuss this matter" I'm sure they thought the members are no longer in the 
>business, but all our us are except 1 guy.

Chuck,
Sounds like the basis for a suit.

However, before going on a tyraid, I'd check with a lawyer. You have to make 
sure you're 100% within your rights to tell them to "Cease & Desist". 
Regardless of whether you wrote a copyright notice on the tape or not your 
rights as owner(s) of the master recordings have been exploited. You do OWN 
the recordings of the songs, right? Not some studio or a manager or another 
third party somewhere...like that one absent band member?.

A lawyer should issue the C & D on your behalf and express that you want a 
copy of the manufacturing invoice, you want all illegal copies returned to 
you and your ex-bandmates and that compensation for the unpaid mechanical 
royalties on units already sold be given to you within XX number of days.

Then you wait to see if they'll comply. Should they not reply or do anything 
about the order then you and your lawyer will have to decide whether to sue 
them or call in the authorities to have the bootlegs seized. In Canada the 
RCMP handles copyright fraud....would that be the FBI in the USA?


Jaimie Vernon,
President, Bullseye Records
"Not Infecting Our Customers' Computers Since 1985!!"
http://www.bullseyecanada.com
http://www.bullseyerecords.com
Author, Canadian Pop Music Encyclopedia
http://jam.canoe.ca/Music/Pop_Encyclopedia/

http://www.myspace.com/jaimievernonsmovingtargetz