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Possible Incoming Lawsuit, Does He Have A Case?

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legalquestion12

Junior Member
What is the name of your state (only U.S. law)? Ohio

I run a music blog site. We post new music, news, videos, etc. The other day, there was a song we posted that unknowing to us had been illegally leaked early. We were accused via email by the label for leaking it which we did not. The entire album was leaked by a third party source, thus the songs on it started to spread around the internet. When the song reached us, we thought it was legally out. They are trying to accuse of of not only leaking the song, but also leaking the album which there is 0 proof of because we did not do either. We even did some research and provided him the information as to where the album originally leaked, but the guy from the record label has since emailed us an informal invoice for a ridiculous amount of money. He is claiming we are responsible for a ludicrous amount of single downloads, and a ludicrous amount of full album downloads. We did have the single in question posted on our site for a bout 15 minutes, and we promptly removed it upon receiving the first email from the label which said "if this isn't removed immediately you should expect legal action". Shortly after that, somebody else from the label emailed us accusing us of leaking the material. There is absolutely nothing to back his claims on the amount of singles he's saying we're responsible for, he is just pulling a number. As far as the accusation of the albums, that in no way was connected to our site. We did not upload, download, post, or link to anything regarding that album, but he is somehow claiming we are responsible.

Does he have a case? As of right now, he's illegally trying to extort money the way I see it. He has nothing to back the amount he's claiming we are responsible for, and I believe he might just be trying to scare us. Any help would be greatly appreciated.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Ohio

I run a music blog site. We post new music, news, videos, etc. The other day, there was a song we posted that unknowing to us had been illegally leaked early. We were accused via email by the label for leaking it which we did not. The entire album was leaked by a third party source, thus the songs on it started to spread around the internet. When the song reached us, we thought it was legally out. They are trying to accuse of of not only leaking the song, but also leaking the album which there is 0 proof of because we did not do either. We even did some research and provided him the information as to where the album originally leaked, but the guy from the record label has since emailed us an informal invoice for a ridiculous amount of money. He is claiming we are responsible for a ludicrous amount of single downloads, and a ludicrous amount of full album downloads. We did have the single in question posted on our site for a bout 15 minutes, and we promptly removed it upon receiving the first email from the label which said "if this isn't removed immediately you should expect legal action". Shortly after that, somebody else from the label emailed us accusing us of leaking the material. There is absolutely nothing to back his claims on the amount of singles he's saying we're responsible for, he is just pulling a number. As far as the accusation of the albums, that in no way was connected to our site. We did not upload, download, post, or link to anything regarding that album, but he is somehow claiming we are responsible.

Does he have a case? As of right now, he's illegally trying to extort money the way I see it. He has nothing to back the amount he's claiming we are responsible for, and I believe he might just be trying to scare us. Any help would be greatly appreciated.
Yes, he has a case. Innocent infringement is still infringement and subject to copyright laws. It can be a mitigating factor in a lawsuit, limiting the amount of damages awarded, but innocently distributing copyrighted material still causes harm to the copyright holder.

I strongly recommend you consult with an IP attorney in your area. You need one.
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Ohio

I run a music blog site. We post new music, news, videos, etc. The other day, there was a song we posted that unknowing to us had been illegally leaked early. We were accused via email by the label for leaking it which we did not. The entire album was leaked by a third party source, thus the songs on it started to spread around the internet. When the song reached us, we thought it was legally out. They are trying to accuse of of not only leaking the song, but also leaking the album which there is 0 proof of because we did not do either. We even did some research and provided him the information as to where the album originally leaked, but the guy from the record label has since emailed us an informal invoice for a ridiculous amount of money. He is claiming we are responsible for a ludicrous amount of single downloads, and a ludicrous amount of full album downloads. We did have the single in question posted on our site for a bout 15 minutes, and we promptly removed it upon receiving the first email from the label which said "if this isn't removed immediately you should expect legal action". Shortly after that, somebody else from the label emailed us accusing us of leaking the material. There is absolutely nothing to back his claims on the amount of singles he's saying we're responsible for, he is just pulling a number. As far as the accusation of the albums, that in no way was connected to our site. We did not upload, download, post, or link to anything regarding that album, but he is somehow claiming we are responsible.

Does he have a case? As of right now, he's illegally trying to extort money the way I see it. He has nothing to back the amount he's claiming we are responsible for, and I believe he might just be trying to scare us. Any help would be greatly appreciated.
You've already posted this in one section of the forum. You will not get any different answers in THIS section than you did in the other section.

This forum also prefers that all posts about the same situation be kept in the same thread.

https://forum.freeadvice.com/other-crimes-federal-state-4/possibly-incoming-lawsuit-does-he-have-case-604305.html
 

quincy

Senior Member
You've already posted this in one section of the forum. You will not get any different answers in THIS section than you did in the other section.

This forum also prefers that all posts about the same situation be kept in the same thread.

https://forum.freeadvice.com/other-crimes-federal-state-4/possibly-incoming-lawsuit-does-he-have-case-604305.html
Oops, sorry. I didn't realize this was a duplicate post. :eek:
 

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