Defending my copyright

[questionablechoices]

Hello! Any tips will be helpful! I legally obtained copyright in 2013 on performance, lyrics, and melodies of a set of songs that I wrote and then recorded with my former band in 2005-2009. One of the former band members is attempting to sue me for the copyright, or to stop me from selling (which I am not doing, and have no plans to, nor do I perform these live with any of my subsequent bands). What do I need to do to defend myself? I have had a harassment/stalker issue with this person (and his new wife) in the past, as we had a relationship beyond a professional one. Thanks for your time!

 

[Zigner]

What US state?

What do you mean by "attempting to sue"?

 

[questionablechoices]

I am in Michigan. He has sent a "Cease & Desist" letter from a new copyright attorney (he is in Louisiana now). I have refused to sign for it (on advice).

This is 5 yrs after I even obtained copyright.

 

[PayrollHRGuy]

He's got a lawyer, you need a lawyer. One that has some expertise in copyright law.

 

[FlyingRon]

I assume by "obtained" copyright you mean you obtained REGISTRATION for it. Copyright was obtained as soon as you wrote down/recorded the song. If you had the registration that far back, it's going to be tough for them to prevail now. It's easy to send "cease and desist" notices. It's a bit more involved to actually sue in court and even harder to prevail.

Based on what assertion does this guy think he has a claim on the work?

 

[questionablechoices]

I can't. I literally own a car (and still owe money on it). I lost my house in 2010. I live with one of my adult kids. I'm in my 50's and earn about 1/6th of this dude. Thanks though!

 

[quincy]

Hello! Any tips will be helpful! I legally obtained copyright in 2013 on performance, lyrics, and melodies of a set of songs that I wrote and then recorded with my former band in 2005-2009. One of the former band members is attempting to sue me for the copyright, or to stop me from selling (which I am not doing, and have no plans to, nor do I perform these live with any of my subsequent bands). What do I need to do to defend myself? I have had a harassment/stalker issue with this person (and his new wife) in the past, as we had a relationship beyond a professional one. Thanks for your time!

Did the band member, or any of the band members, contribute in any way to the creation of the work (e.g., help with lyrics, musical composition, etc)?

 

[questionablechoices]

Yes, registration. Not sure on the vernacular

He was the guitar player in the band. I didn't touch any songs he wrote in my registration. One of the cds was for a specific event. I refused to allow him to use my lyrics in a book he also wrote about this event. He wants to perform and sell the songs and cds.

 

[quincy]

Yes, registration. Not sure on the vernacular

He was the guitar player in the band. I didn't touch any songs he wrote in my registration. One of the cds was for a specific event. I refused to allow him to use my lyrics in a book he also wrote about this event. He wants to perform and sell the songs and cds.

Is the cease and desist over the musical works or the use of the band's name?

What exactly does the fellow want you to cease doing?

 

[questionablechoices]

I am not sure, again, I didn't sign for the letter. He did the same prior, back in 2011.

I am not selling anything, I am not performing anything. I have never used the band's name. I have mp3s posted on my reverbnation.com page, but they are not for sale, just used, along with others, for examples of my vocal work.

I just registered my own works. He has never registered anything in relation to this music, the cds, the band, etc...

He is a vindictive person and apparently some lawyers will take your money for anything? I have had zero contact with this person for 6 yrs, since the last time he hired a lawyer to send me letters.

 

[Zigner]

How do you even know what is in the letter if you haven't even received it?

 

[questionablechoices]

Because he is predictable. And I want to prepare myself for any contingencies. No worries, thanks for your time.

 

[FlyingRon]

Not accepting the letter is just sticking your head in the sand. If it was a copyright action, you're not being served that way.

 

[quincy]

I am not sure, again, I didn't sign for the letter. He did the same prior, back in 2011.

I am not selling anything, I am not performing anything. I have never used the band's name. I have mp3s posted on my reverbnation.com page, but they are not for sale, just used, along with others, for examples of my vocal work.

I just registered my own works. He has never registered anything in relation to this music, the cds, the band, etc...

He is a vindictive person and apparently some lawyers will take your money for anything? I have had zero contact with this person for 6 yrs, since the last time he hired a lawyer to send me letters.

Most cease and desist letters will detail the offense that the sender wants the recipient to cease and desist from doing.

Are you using his name or image on your web page?

I suggest you sign for the letter and find out what has the former band member riled.

 

[questionablechoices]

No, I am not using anything of his-name, band name, image, nada. Nothing has changed since the previous time he did this.

I had a stalking problem with this guy, hence the advice was given to me to not sign for the letter.