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Defending my copyright

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Zigner

Senior Member, Non-Attorney
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.
It's not strange at all, particularly considering the OP doesn't even know the actual contents of the letter.
 


quincy

Senior Member
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.
Okay. Well ... it is hard to advise you when you and we have no idea what the legal issue is.

(Zigner, I edited my post ... I agree that it is not strange :))
 
Sorry, again, was trying to prepare as he will keep this up whether I sign for this actual letter or not. It will come again. It's not my first rodeo with this dude.
 

PayrollHRGuy

Senior Member
Sorry, again, was trying to prepare as he will keep this up whether I sign for this actual letter or not. It will come again.
Because you don't have the letter you don't know what the "this" is that he is going to keep up. At this point the letter could simply be an apology for his previous actions and the offer of money to be able to play the songs.
 

quincy

Senior Member
Sorry, again, was trying to prepare as he will keep this up whether I sign for this actual letter or not. It will come again. It's not my first rodeo with this dude.
You cannot prepare unless you know what it is you need to prepare for. You may be ignoring a letter that, by reading and addressing the concerns, can help prevent a costly lawsuit.

Once you actually know exactly what the fellow is up to, you can return here and perhaps we can assist you. Right now, there is nothing we can do to help.
 
Not in a certified letter from a copyright attorney in New Orleans, LOL! The stalking issue is the main reason for not accepting the certified. I guess if you've not been in the position, it makes it harder to understand. Again, thank you for your time.
 

quincy

Senior Member
Not in a certified letter from a copyright attorney in New Orleans, LOL! The stalking issue is the main reason for not accepting the certified. I guess if you've not been in the position, it makes it harder to understand. Again, thank you for your time.
Not accepting the letter puts you at a disadvantage - and certainly makes it difficult for us to help you.

If you are sued because you ignored the contents of the letter from the IP attorney, I recommend you hire an attorney of your own to defend against the claim.

Good luck.
 

Zigner

Senior Member, Non-Attorney
Not in a certified letter from a copyright attorney in New Orleans, LOL! The stalking issue is the main reason for not accepting the certified. I guess if you've not been in the position, it makes it harder to understand. Again, thank you for your time.
Is the attorney stalking you?
How do you know that the person isn't offering to buy out your interest in the copyright and decided to go through an attorney as a way to show that he's not attempting to "stalk" you?
 
All sorts of possibilities unless you know the people :) Thanks again, will see what other resources I can find before I sign for this. This is 16 yrs of my life dealing with this guy. (Not the attorney, the band member).
 

quincy

Senior Member
All sorts of possibilities unless you know the people :) Thanks again, will see what other resources I can find before I sign for this. This is 16 yrs of my life dealing with this guy. (Not the attorney, the band member).
I am not sure what resources you can find that will assist you with an unknown issue. :)

Accepting the certified letter from the attorney is the first step I would take.

Good luck with whatever you decide to do.
 

Zigner

Senior Member, Non-Attorney
You should be aware that your failure to get the item from the post office doesn't mean that it won't be considered as having been sent. I really don't know who gave you the advice you were given, but it seems counterproductive to me.
 

quincy

Senior Member
You should be aware that your failure to get the item from the post office doesn't mean that it won't be considered as having been sent. I really don't know who gave you the advice you were given, but it seems counterproductive to me.
I agree.

Refusing to accept delivery of a certified letter generally only delays the inevitable.

The inevitable here might be service of a summons and complaint for copyright infringement. It could also be, as earlier suggested, a request to license the copyrighted works.
 

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