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My Copyrights Are Being Infringed

Blue Springs, MO |

Roughly 5 years ago a well known artist used 10 of my beats for online releases without my consent or any agreement being made.They were not being sold on an actual album anywhere just mixtape stuff so I did not think it was a huge deal at the time. Well in the last year I tried to upload one of the instrumentals I made for him to my Youtube and it was flagged for copyright reasons so I immediately contacted who flagged me which was Google Play and let them know I was the owner of that content.I started looking in to it a little further and noticed all the songs i produced for this artist had been published in NOV 2012 and were being sold now on platforms such as itunes, Amazon,Google Play, Spotify ect.I then got an email from a company called IPX who is a distributor/label in Houston TX.They told me that the artist went bankrupt and they purchased all his music but were unaware that I had been unpaid.They at that point told me to write an agreement up which I did.I was only asking for $500 a track as well as my standard % from this point forward.They responded and said that that was no problem and to just give them some time to get the paperwork handled.. Well it has now been a year of hearing the same exact thing "Please wait just one more month"....The deadline on the cease and desist letter I sent all parties involved was set for the 15th of Jan and the head of IPX Harold Blakslee is saying that they are not going to pay and that it will end up costing me more to take them to court then I will get.I feel as though I have an open and shut case I have ALL the copyrights as well as proof of contact with the artist initially.I also have several screen shots of the agreements we made via email regarding them paying me 5k for the records.

Attorney Answers 3

  1. Doesn't seem like you are asking a question. Obviously litigation is costly and can be expensive. You should consult with a copyright litigator to closely review your case, facts and provide an assessment.

  2. "Having the copyrights" is key, but it is not clear what you mean by that. If you mean your beats were registered in the U.S. Copyright office, you may be in a position to recover both infringement damages and attorneys' fees. Nonetheless, there may be defenses they may wish to exploit, for example you "did not think it was a huge deal at the time," so they may argue you acquiesced, or tacitly agreed or that it would be inequitable for you now to pursue the claims. You should consult a copyright lawyer.

  3. You wrote that: "Roughly 5 years ago a well known artist used 10 of my beats for online releases without my consent or any agreement being made."

    Five years ago you KNEW a "well known artist" copied and published your music and yet you chose not do anything about it. Why do you think you can do something about it now? Have your own copyright attorney review the matter but my take is that the well known artist can easily defend the case by asserting that you've sat on your rights [the "laches" defense]. This likelihood precludes, in my opinion, the possibility that an attorney will take your case on contingency.

    The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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