Copyright violation

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klangart

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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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