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please help me out here

Discussion in 'Off Topic [BG]' started by Joe Nerve, Feb 20, 2003.

  1. Joe Nerve

    Joe Nerve Supporting Member

    Oct 7, 2000
    New York City
    Endorsing artist: Musicman basses
    my guitarist plays his guitar in the subways and sometimes gives out our cd. he gave one to a guy a while back who then asked if we were on mp3.com and Randy (my guitarist) said we had a rough time uploading our stuff to that site. the guy said oh, "i'll do it for ya", and randy said "cool." He thought the guy was a talker, said he seemed kinda burnt out..... never thought he was going to do anything with it.



    this guy, who we don't even know, is selling our stuff! i went to the "band website" and it's his website selling nerve stuff that we don't even have!!! this is very wrong.

    please advise, as I'm not entirely sure what to do here and have little experience with mp3.com.
  2. pkr2


    Apr 28, 2000
    coastal N.C.
    Start right now with documenting everything.

    Just leave him alone and hope that he does well with merchandising your band. It may not be helping your band but it's not hurting it either.

    He is in violation of so many laws that any lawyer would probably take the case on contingency. Sue him to the limit of the law.
  3. I would start by emailing mp3.com and letting them know that you are the copyright holders of that music. I would have them change the url to point to your website. At that point you are set to reap the rewards of his stupidity. But I am no lawyer, for real advice, I would suggest talking to one. Forum lawyers are a dime a dozen, and their advice is probably worth less than that!
  4. TxBass


    Jul 3, 2002
    Frisco, Texas
    1st: Slap Randy upside the head!
    2nd: do what these previous 2 posts suggested.

    Good luck Joe, I hope it get's straight for ya!
  5. Joe, whatever became of this?
  6. moley


    Sep 5, 2002
    Hampshire, UK
  7. yoshi


    Jul 12, 2002
    England, London
    Yo, I do Alevel law, and although I'm not much good at it, Ill attempt to form some kind of offences he could be bagged for (UK LAW).

    Theft, belive it or not, you can steal from someone even with their consent! EG- forign students pays for taxi fair by holding out open wallet, driver takes £5 rather than the £3 fare (lawrence v Metropoliton police comissioner...1971 I think :/).

    Further more, hes got all the mens rea (mental side) of the crime necessary for a conviction
    - dishonest Intent - he intened to take the CD with a dishonest intent; to make money off your work.
    - Permantly deprive - By taking the Cd, hes not only deprived you guys form that CD, but also the royalties he's sapping from you, aswell as hits to a website.

    Hes also got the necessary Actus reus (physical side of the crime)
    - Approriation - He apprioated (took) your CD, even with consnet, see above.
    - Property - This case the CD, which is recognise din the law a sproperty.
    -Belonging to another - the CD was your bands.

    This could be one aspect of netting the parasite. Theres a handful more offences that I can think of off the top of my head (so there must be millions out there!) that you could get him with. Scare him with legal mumbo jumbo and him flee. Unless he's a lawyer :p

    Hope I helped.
  8. Sorry to hear this! Listen to some of the guys on your side of the pond. Technically as far as I know, you are the copyright owners, and unless you signed a publishing deal (and unless I missed it in your story you didn't) 100% of royalties go to you! Look into Mechanical royalties, copyright (you guys are the owners - you might wanna look into the US laws on protecting it).

    Best of luck to you!