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Copyright violation

Discussion in 'Small Claims & Municipal Court' started by klangart, Apr 18, 2011.

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  1. klangart

    klangart Law Topic Starter New Member

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    My copyrighted music is being used in an online book trailer .
    To make it somehow short,
    In 2009 I ran into a book publisher who shot a few scenes with actors, camera team and so on.
    I offered original score for the film . I also used some of my preexisting songs, all registered in DC and ASCAP. The camera man got paid, so the graphic designer and a few other people. I offered my craft for free, under the condition that when ever this would become a real feature film, I would be the composer.
    The result of that video , 5 minutes, was very impressive, the book rather flat.
    The publisher posted the material onto the internet , website, youtube ,lots of sources.
    No, few month ago, the publisher has ask me to do another score for another scene. (The book/ script still hasn't made it into film).
    I came up with new material, which I thought was absolutely brilliant , but I decided to go a different route with that song , and not donate it for the trailer.
    After that the publisher changed the course and send me an email, saying that I wont be any longer the composer, thank you.
    Thats all good, but in the mean time I opened my own record label, and make it to a business.
    That means , all the material I created in the last 15 years, now belong to that label.
    I did send the publisher a contract for the use of my material, including a few of 2000 Dollars for the next 2 years.
    The publisher has told me that there was a verbal agreement for using the music for free, and is not paying , and is not removing the material from all online places.
    The music was free of charge for the last 2 years, but since there is a breach of contract, and I am not anymore the future composer, I not any longer will agree to those unconditional usages of my material.
    I have send out 2 payment notices, but have not heard anything back.

    The question,
    Is small claim court an option, or where do I stand with copyright ?

    thanks for reading

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