kerryking113
New Member
Alright, this is kind of hard to explain. I was in a band for about 4 months. We never played any shows, made any albums or sold any kind of merchandise. The only contact the band had with people was done through the website Myspace.com. I left the band and asked them not to use any of the riffs or songs that I had written. I was a little bit displeased to hear on one of their new songs a riff that I had taught the other guitarist before quitting the band. I told them of my displeasure and they told me I was basically S.O.L. because I wrote the riff while I was in the band, so it's theirs. I thought that only applied to contractual agreements when a band is signed to a record label?
That's my first question. This issue has led to constant bickering and feuding between me and the other members of the band. I let some other people/bands in the area know how they had used one of my riffs in their new song, and word got around to them that I was "slandering" them to other bands, even though the allegation is true. I thought slander was when you lied about someone and it hurt them financially/socially/emotionally? Being that the allegation is true, was I slandering them?
Finally, the band decided to Photoshop my face onto a Star Wars character, undoubtedly making fun of my haircut at the time (yes, it was bad...), and post it on their Myspace where some of my old friends still view the page and pictures. People have seen it and it's caused me alot of embarrassment because it's not a particularly flattering picture. It's nothing really inappropriate but I was not aware that it was being taken. Out of spite and anger, I made a fake Myspace page for their band and posted pictures of shirtless men, as well as edited pictures of two of the members of the band with Photoshop to make them look like they were holding penises instead of instruments. Along with that, I posted my opinion on how they steal riffs, love the co-- and are a crappy band. The vocalist then messaged me that I would hear from his lawyer for slandering them online and using their now copyrighted band name falsely on the website (they registered a band name for a band that's never done anything...). He then boasted about how much money he had and said he could afford to sue me for every penny I had. I don't see how I've done anything differently than they have or anything that slanders them (aside from them loving the co--, and I think that could still be opinion based) especially since they are not making money from the band due to the fact that they have still yet to play a show, make an album or sell merchandise. If they do decide to pursue a lawsuit against me, would they need to watch out since they've also Photoshopped my picture? Do I have any kind of rebuttal or safety net? Am I in serious danger of being sued? Most people I have talked to say I am just being paranoid and that no action will come of it, especially since I removed the fake Myspace page and all the pictures associated with it. I'm still a bit angry that they've left mine on their site, but I'd rather not get sued if I don't have to. Any advice? I don't know what to do.
That's my first question. This issue has led to constant bickering and feuding between me and the other members of the band. I let some other people/bands in the area know how they had used one of my riffs in their new song, and word got around to them that I was "slandering" them to other bands, even though the allegation is true. I thought slander was when you lied about someone and it hurt them financially/socially/emotionally? Being that the allegation is true, was I slandering them?
Finally, the band decided to Photoshop my face onto a Star Wars character, undoubtedly making fun of my haircut at the time (yes, it was bad...), and post it on their Myspace where some of my old friends still view the page and pictures. People have seen it and it's caused me alot of embarrassment because it's not a particularly flattering picture. It's nothing really inappropriate but I was not aware that it was being taken. Out of spite and anger, I made a fake Myspace page for their band and posted pictures of shirtless men, as well as edited pictures of two of the members of the band with Photoshop to make them look like they were holding penises instead of instruments. Along with that, I posted my opinion on how they steal riffs, love the co-- and are a crappy band. The vocalist then messaged me that I would hear from his lawyer for slandering them online and using their now copyrighted band name falsely on the website (they registered a band name for a band that's never done anything...). He then boasted about how much money he had and said he could afford to sue me for every penny I had. I don't see how I've done anything differently than they have or anything that slanders them (aside from them loving the co--, and I think that could still be opinion based) especially since they are not making money from the band due to the fact that they have still yet to play a show, make an album or sell merchandise. If they do decide to pursue a lawsuit against me, would they need to watch out since they've also Photoshopped my picture? Do I have any kind of rebuttal or safety net? Am I in serious danger of being sued? Most people I have talked to say I am just being paranoid and that no action will come of it, especially since I removed the fake Myspace page and all the pictures associated with it. I'm still a bit angry that they've left mine on their site, but I'd rather not get sued if I don't have to. Any advice? I don't know what to do.
