Illegal use of music / fraud

[Chuckk1]

I am in the business of producing radio commercials. I create and produce the music, and I do the all the voice-overs (announcing). I supply several vendors (telemarketing sales companies) with completed "ready-to-air" packages of radio spots, each containing anywhere from 1 to 12 spots. My arrangement (verbal) with all my vendors is that I am to be the exclusive voice-over (announcer) talent on any music beds (called "donut jingles") that are mine. I am paid per spot. In order to initiate sales, I have given several vendors free demonstration recordings to use as sales tools. One particular vendor on numerous occasions has asked for the music beds only to be included in the particular order at the buyer's request. Over a period of 9 years, I have probably supplied this vendor with over 150 music beds which I was led to believe were going directly to the buyer/end-user. I have recently learned that this particular vendor has been using my music beds to create and produce radio spots using his own voice in his private studio. He is selling these productions using my music beds and not informing me nor paying me. Upon examination of my sales records, I show a 40% drop in business over the last 24 months, and a sudden cessation of orders from long-time customers. I also have obtained two voice recordings with his voice over my music beds. What do I do?

 

[NYClex]

hm, it surely would have been better to have some written contracts, but since this seems really to affect your business very much I guess it could be worth the money to consult an attorney specializing in copyright law.

As I learned in an own case lately copyright law is a tricky new thing, I would really look for a specialist. To me it sounds as if you might have a case, but I am no expert in this and of course we don't have many details here.

 

[RaisetheBar]

Hmm this is interesting. NYClex has given an honest answer: hes not sure!

First question: did you have an agreement with these vendors? Like a written agreement.

Question 2. Did you mark these tapes or CDs or whatever they are w/ the copyright notice? If not, then maybe a problem right there. Maybe not though.

ANswer these questions first...

 

[Michael Wechsler]

Copyright protection attaches to the work at the time of creation and your not having filed will not cause you to lose your rights. It would seem that this vendor has been using your intellectual property without authorization and you do have a basis for suit.

The first thing I would do is try to obtain as much evidence as possible without him knowing about it. I would also contact an attorney as soon as possible. I would likely think this case will settle before it ever goes to court but it is a first step. Good luck and I'm sorry to hear about this... it happens all the time unfortunately.

Originally posted by Chuckk1
I am in the business of producing radio commercials. I create and produce the music, and I do the all the voice-overs (announcing). I supply several vendors (telemarketing sales companies) with completed "ready-to-air" packages of radio spots, each containing anywhere from 1 to 12 spots. My arrangement (verbal) with all my vendors is that I am to be the exclusive voice-over (announcer) talent on any music beds (called "donut jingles") that are mine. I am paid per spot. In order to initiate sales, I have given several vendors free demonstration recordings to use as sales tools. One particular vendor on numerous occasions has asked for the music beds only to be included in the particular order at the buyer's request. Over a period of 9 years, I have probably supplied this vendor with over 150 music beds which I was led to believe were going directly to the buyer/end-user. I have recently learned that this particular vendor has been using my music beds to create and produce radio spots using his own voice in his private studio. He is selling these productions using my music beds and not informing me nor paying me. Upon examination of my sales records, I show a 40% drop in business over the last 24 months, and a sudden cessation of orders from long-time customers. I also have obtained two voice recordings with his voice over my music beds. What do I do?

 

[RaisetheBar]

Yes but the pt. I was trying to make is that if there was no copyright notice attached to the music, then how is the person supposed to know that he/she is copying copyrwritten music? It's still an issue.

I havent litigated a copyright case in a number of years. And I know they changed the law about the copyright notice, but I still think there is some issue there. Possibly a letter to the person indicating that you are claiming copyright would help, but again, I am not an expert on the copyright law.

Also a copyright application will have to be on file in the copyright office before a lawsuit can be filed. On that pt. I am pretty certain. A copyright application should not be a big deal in any event, but still the pt. remains.