Randolph Peters wrote:
A-NO-NE Music wrote:
My CD tracks are being available for free MP3 downloads that I never
authorized, and I was
wondering if I need to do something about it.
Are you allergic to income? You're being ripped off. This is just a
thought, but talk with your attorney about sending a registered letter
(or whatever it is that lawyers do) demanding an advance payment of
$10,000 (give or take an order of magnitude or so) against royalties
to be paid on documented proof of the exact number of downloads
permitted. That's to get their attention. Then let your lawyer do
the negotiations while you enjoy making music!!
Anyone think that would actually work?
You could go that route, with probably very little success, or you could
consider the unauthorized distribution a kind of loss-leader that might
actually increase demand and awareness of what you do. It's a judgement
call, really. Weird Al thinks of it as advertising, although his record
label may have a different opinion.
Legal action is likely to only generate money if your music was used in
a film without your permission. (Or became a big hit.)
Especially because the courts don't seem to have come to any concensus
on whether a download is a mechanical reproduction or a broadcast, and
the royalty payments are very different.
As always is the case, the only people who really make money in court
cases is the lawyers, but if Hiro can find a lawyer willing to take on
the case on speculation rather than based on a retainer fee, it would be
interesting to see what sort of results accrue -- even if the lawyer
demands 50%, whatever Hiro ends up with will be much more than he has now.
On the other hand, it is a very small world and one can end up with a
very black eye for such actions against small-time people who aren't
making any money on the downloads but who instead are looking on
themselves as simply spreading your glory so that you become much more
widely known (the Weird Al "advertising" approach).
So it's a judgement call for any artist/businessperson to make as to
which course (doing nothing or going after those who post the files for
downloading) will ultimately be the better business decision.
--
David H. Bailey
[EMAIL PROTECTED]
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