Copyright problem

What is the name of your state?CO


What is the name of your state? NM

Hello I have been notified that a local band is planning on suing my family owned radio station for copyright infringement for a minimum amount of $17,500 or they offer to settle now for $10,000

Here are the facts

Our station gave away 11 copies of a recorded cd with 10 songs by ten different local artists. These disks were thrown to the crowd at a concert.

All bands are local unsigned talent who knew of the disk and wanted to be part of it.

One band now wnat to sue saying that we didnt have permission to reproduce the song and claims statuory damages of at least 17,500.

THe lead singer of this band asked us to put the song on the disk, but we have no written record. We do however have an emial where the same person sends the station art work for a jewel box label and a label to be placed on cd's. The emails dont however refer to the cd that was given away.

My question

Is sufficient that we
1. Had verbal permission
2. Received no money for the disk


Thanks

Jason

Copyright Problem

Myrtle Beach, SC

Jason,

Sounds like a "hold-up" to me.

1. You had no financial gain from distributing the CD.

2. You had their implied consent.

They would likely need an attorney to serve you with papers and take the case on a contingency. Has that happened? I believe it would be a shady attorney to take such a case.

I would sit tight and tell them to have their attorney call your attorney.

Sincerely,

JVC689

Offers to settle rarley accompany filed complaints based upon my experience.

Copyright Problem

Myrtle Beach, SC

Jason,

You also do not mention who notified you of the planned suit.

If you have a document in which you were so notified, it also smacks of extortion.

This is a frivolous pursuit by these accusers and if they do move forward they could be hit with a malicious use of process in countersuit.

Life's a beach and these people are jelly fish washed ashore.

Sincerely,

JVC689

They actually did have an attorney send the letter.

Does anyone know if the verbal authorization will stand up in court. From what I've gathered in research it appears that temporary use rights may be granted by non written means but that exclusive rights must be in written variety.
He also says the cost of going to Federal Court to defend ourselves will be very expensive. (He is not a copyright specialist and does not plan representing us if we have to go to federal court>

Thanks

Jason

Thanks for the reply