MP3 Downloads Offered Of My Music

[dharvell]

What is the name of your state? Michigan.

I am a musician who performs under the name, [null factor]. While executing an online search of my project's name, I ran across several web sites offering my CD, "Purity" for download in MP3 format. Price of download ranges from $1.65 to $2.20 for the entire recording.

All sites claim to be covered by the following clause in the Terms Of Agreement:

The availability over the Internet of the (insert web site here) materials is authorized by the license of the Russian Multimedia and Internet Society (ROMS). Under the licenses terms, (insert web site here) pays license fees for all materials downloaded from the site subject to the Law of the Russian Federation "On Copyright and Related Rights". All these materials are solely for personal use. Any further distribution, resale or broadcasting are prohibited.

Being sole license-holder of my music, I have not received any related "fees" as described in above clause, even though some of these sites have feedback from clients who say they have downloaded my music.

Performing a "whois" of all sites selling my music comes up with contact information, so finding the owners of these sites seems pretty straight forward.

Do I have any legal ground to stand on to:

1 - Sue for copyright infringments
2 - Have my music removed from these sites
3 - Recover any monies due me for sale of my material

Any information would be most appreciated.

 

[divgradcurl]

Do I have any legal ground to stand on to:

1 - Sue for copyright infringments
2 - Have my music removed from these sites
3 - Recover any monies due me for sale of my material

The answer to all of these questions is "yes." The problem is, virtually all of these sites are located outside of the U.S., so U.S. courts have no jurisdiction over them. You would have to go to their country, and sue them in their courts under their laws. Your copyrights will be recognized in virtually every country (any of the Berne signatories, which is most countries except Afghanistan, some African countries, and a few other less-developed nations), but the method of enforcement, and the remedies you can seek, will vary from country to country.

If they are in the U.S., you have a lot more options. Hit their ISP with a takedown notice under 17 USC 512(c) ("DMCA notice"), which you can do for a foreign-based site too, if their webhosts are in the U.S. You can also sue someone in the U.S. for copyright infringement, you will need to register your copyrights if you haven't already before you sue.

 

[dharvell]

Thank you for the reply. It sounds like I have some options, then. I bet these people didn't count on somebody who would take the time to defend their copyrights. As a "starving artist" they may potentially be stealing food out of the mouths of my children by doing this... I will fight with every legal weapon offered me.

Your reply is very much appreciated!