Stolen Lyrics Help Needed!

[mattdens]

I am a UK citizen who writes poetry and publishes it online. I recently found out that a Canadian band signed to a US record label have plagiarised one of my poems for use as lyrics on their latest album. I am refraining from name dropping publicly at this point. My poem "Fear" was writen and published online (and therefore copyright began) on March 13th 2010 in excess of 2 years before the release of the infringing album (July 3rd 2012).

The album in question has sold at least 10,000 copies in its first month and although isn't a mainstream success, is still making a considerable amount of money.

The extent of the infringement is quite severe. They have used 8 lines of verse or (to put it another way) 32 words in sequence and is therefore unlikely to be considered accidental infringement.

According to US law, I can file for litigation and the extent and clarity of the infringement means I am completely confident that I would win.

However. Because of the laws in the US regarding copyright regestration, although I would be able to file and win a lawsuit, I would not be able to claim statutory damages or attorneys fees. Meaning that the cost of the lawsuit would far outweigh the financial reward at the end.

Therefore, I need to try and seek an out of court settlement.
Can anyone give me advice on how to approach this?
What should I look to achieve through settlement?
And what can I do in the event that they know I cannot afford to file suit and ignore my letters?

Any help or advice you can give me regarding this matter would be greatly appreciated.

Many Thanks.

-Matthew Densley-

 

[ecmst12]

You need a real live lawyer, not a chat forum.

 

[quincy]

A chat forum, ecmst? When did that happen?

I agree that Matthew's questions need more attention and he needs more assistance than a forum (legal, chat, or whatever) can provide. I suggest he speak with an attorney in the U.K. If he is looking to sue the band for infringement, he will need to file suit in Canada.

 

[gem68]

OK - so I found the poem and the song. I am not a lawyer, but yes, the first 8 lines are identical to your poem.

I'm just not sure because (don't get me wrong, the poetry is great) the phrases are somewhat "generic", if that makes any sense? Could it be a coincidence? Probably not, I agree with you there, but I don't know it just seems like phrases that many people have written or said before.

 

[Antigone*]

OK - so I found the poem and the song. I am not a lawyer, but yes, the first 8 lines are identical to your poem.

I'm just not sure because (don't get me wrong, the poetry is great) the phrases are somewhat "generic", if that makes any sense? Could it be a coincidence? Probably not, I agree with you there, but I don't know it just seems like phrases that many people have written or said before.

You really just didn't introduce yourself to the fellow who might sue you, right

Oh yea, you did. Well, Mr. Plaintiff, meet Mr. Defendent.

What stupidity


How hilarious - you just gave him all the proof he needs. To top it off Google has already captured it too.

 

[Zigner]

You really just didn't introduce yourself to the fellow who might sue you, right

Oh yea, you did. Well, Mr. Plaintiff, meet Mr. Defendent.

What stupidity


How hilarious - you just gave him all the proof he needs. To top it off Google has already captured it too.

I'm not following you Tigi...

 

[justalayman]

You really just didn't introduce yourself to the fellow who might sue you, right

a little internet magic tigi.


the author (OP) gave his name and the name of the poem in question. So you find that poem. Then you do a search with the first couple lines and you come up with actually, not one band but it appears to be several.

I think the one Matthew is speaking of has the initials AAS.



Not rocket science here tigi.

 

[Antigone*]

I'm not following you Tigi...

The OP is Mattdens, and here comes along gem68 saying

"OK - so I found the poem and the song. I am not a lawyer, but yes, the first 8 lines are identical to your poem.

I'm just not sure because (don't get me wrong, the poetry is great) the phrases are somewhat "generic", if that makes any sense? Could it be a coincidence? Probably not, I agree with you there, but I don't know it just seems like phrases that many people have written or said before."

I took it to mean that gem68 was confessing to stealing mattden's work.

Unless I'm not just getting it - which could be entirely possible.

 

[Zigner]

The OP is Mattdens, and here comes along gem68 saying

I took it to mean that gem68 was confessing to stealing mattden's work.

Unless I'm not just getting it - which could be entirely possible.

gem68 was saying that he (gem68) had looked up both the song and the poem and was making observations based on that. gem68 is not a member of the band that the OP is accusing.

 

[mattdens]

Yes Gem68 that is correct, you're quite the detective! lol

The poem is one of the more simplistic pieces I have written and if it was 1 or 2 lines that was used, I would probably say it was coincidental and not worry about it. However, 8 lines of 32 words (regardless of simplicity) replecated in sequence, without the aid of an infinite number of monkeys and typewriters, is not likely to be seen as coincidental or accidental. And even on the off chance that it was accidental, I still would constitute infringement.

I have been reaching out to lawyers/solicitors both in the U.K and U.S on the chance that the record company or band do not responded to my letters, but at the moment I am just looking for any information or advice on what I could do if push comes to shove and I have to seek litigation. I am a man of very limited means and earn little more than minimum wage, so i'm not able to simply pay a couple of hundred pounds to consult a lawyer unless it is going to pay off. Which is why I have come to place like this to see what advice (if any) people can give.

As I said in my original post, if I cannot settle out of court with the record company I will not be able to file suit in the U.S because I would not be able to claim attorneys fees if I win. However, If I can file suit against the band in Canada, I would be entitled to claim attorneys fees which means I could sue. But because the infringement (recording) happened in the U.S it might be held under U.S jurisdiction, regardless of the bands nationality. As you can see, it is quite the conundrum.

 

[ecmst12]

Quincy, this is a chat forum for legal topics. It can't offer OP the kind of help he needs, which is a pro to write letters and negotiate a settlement on his behalf, and possibly file a lawsuit, with issues spanning 3 countries. We can TALK about some of the issues with him, but that's about it!

If you have any kind of a decent case, and the defendent(s) have any kind of collectable assets, you may find a lawyer in the US to take the case on contingency (for a percentage of the settlement/judgement), but only if the damages are enough to make it worth their while. It is likely that the entity with the deepest pockets here is the record label.

 

[quincy]

Matt, the record company did not infringe on your work. The band did. Therefore, if there is any infringement action to take, it will be against the Canadian-based group, in Canada under Canada's copyright laws.

The record company comes into play only because you may be entitled to collect actual damages from the band based on the income derived from the record sales.

However, because this forum handles U.S. law questions only, you need to seek help in the U.K. or from an attorney in Canada. An attorney in either country can, perhaps, help you draft a "cease and desist" letter with a demand for compensation for the use of your lyrics.

Good luck.

(I just saw your post, ecmst. I thought perhaps that, because there is now a "like" button and a traveling "ask a lawyer" box to relieve the volunteers of answering questions, that the forum had become something other than a legal advice site. . . . )

 

[ecmst12]

Heh, no it still is, I was just pointing out the limits of what we can help with here

 

[mattdens]

Matt, the record company did not infringe on your work. The band did. Therefore, if there is any infringement action to take, it will be against the Canadian-based group, in Canada, under Canada's copyright laws.

The record company comes into play only because you may be entitled to collect actual damages from the band based on the income derived from the record sales.

However, because this forum handles U.S. law questions only, you need to seek help in the U.K. or from an attorney in Canada. An attorney in either country can, perhaps, help you draft a "cease and desist" letter with a demand for compensation for the use of your lyrics.

Good luck.

(I just saw your post, ecmst. I thought perhaps that, because there is now a "like" button and a traveling "ask a lawyer" box to relieve the volunteers of answering questions, that the forum had become something other than a legal advice site. . . . )

Thankyou Quincy. That does help put it in perspective. I am currently emailing a couple of Toronto based attorneys (where the band are from) to see what they say. It would help matters if I can seek litigation in Canada because I can claim attorneys fees of I win. Also a professionally drafted Cease & Desist letter might make the infringers take the matter more seriously.

 

[quincy]

A letter drafted by an attorney does tend to be more effective than one you send yourself. The recipient is aware upon receipt of the attorney-drafted cease and desist that you have consulted with an attorney and are more likely to be considering legal action.

The following Canadian government site may have some additional helpful information for you:

http://www.cipo.ic.gc.ca

Good luck.