I was just about to start writing an email re: this and I think you've (andrew) got it spot on. It is really about Read v Lewis in the first instance. Of course if Peacefrog knew that the record was not original work then to go ahead and release the record could result in an infringement of copyright by Peacefrog as well. If Peacefrog then are made aware that there has been an actual breach of copyright then they should remove the record from sale.
In response to other emails in the thread - the only way one can "prove" that there had actually been copyright infringement is to actually bring the matter to the court and have the court decide whether there has been a breach. There is no other way to prove that there has been a breach. Jaime Read would have to produce evidence (other DAT tapes etc) that the music was his. I wonder if he has sent a cease and desist, or some other type of letter from his lawyers to Peacefrog AND Joe Lewis, or at least wrote to them with his allegations and try to work this out in the usual legal fashion. At the moment its just words and rumours and unless there is proof there is nothing anyone can really do. I don't know how it would help if Peacefrog put a statement on their website based on just a rumour. I'm not sure if emailing Peacefrog on masse would assist his case either. Unlike the Sony v UR Jaguar incident, we don't know whether it's true that his music has indeed been 'sampled'/'copied' without a license. well ok I personally don't know and won't be mailing but if the rest of you have heard it and you believe it is then go ahead. Cheers Melody (am a lawyer (not a copyright one) and this isn't legal advice!) -----Original Message----- From: Andrew Duke Cognition Audioworks [mailto:[EMAIL PROTECTED] Sent: Wednesday, 6 July 2005 01:56 To: 313 list Subject: (313) music contracts was re: Joe Lewis and Jaime Read Because of my work, I deal with a lot of music contracts on a regular basis, and if Peacefrog has a typical contract with Joe Lewis, Peacefrog would have covered their butt in this situation: Lewis would have had to affirm in signing a contract with Peacefrog that he owned the work being released on Peacefrog. So in this case, if Lewis had indeed submitted songs to Peacefrog (now released) that he did not own the copyright to, Lewis would be breaching Peacefrog's contract and furthermore Read could sue Lewis for copyright infringement. Read wouldn't have any truck with Peacefrog in this situation because Peacefrog didn't intentionally infringe Read's copyright. As has been said, if Lewis signed a contract with Peacefrog saying that the songs were indeed his (Lewis'), Peacefrog would have no reason to doubt him. My CDN .02. Andrew "not a lawyer, so don't quote me on this" Duke -- Andrew Duke scoring/sound design/source http://andrew-duke.com Cognition Audioworks label [Andrew Duke, Foal, Clinker, Granny'Ark] http://cognitionaudioworks.com -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.323 / Virus Database: 267.8.9/39 - Release Date: 7/4/2005 ###################################################################### Notice: The information contained in this electronic mail is intended solely for the addressee(s) and may be confidential and/or privileged. If you have received this electronic mail in error, please delete it from your system and kindly notify the sender. If you are not the intended recipient you must not reproduce any part of this electronic mail or disclose its contents to any other party. ######################################################################
