Legal Question in Business Law in California

we have a contract with a company to sell hard coppies of our CD and how much we will get for every cd they sell, they have violated the contract by now offering the music available on there website as a digital download (which was never disscussed) , as of today we have not seen any money for the music. what should i do?


Asked on 12/06/10, 12:45 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sounds like a copyright violation as well as a breach of contract. Have you formally filed for copyright protection on your material? I'd consider seeing an intellectual-property attorney in person for an initial consultation, and perhaps to write a cease-and-desist letter.

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Answered on 12/11/10, 1:30 pm
Ashley C L Brown Law Offices of Ashley C. L. Brown

Take a look at the agreement with the company and see if it references selling the music in any other form and what the remedies are for a breach of the agreement. You may have a claim against them. It probably is a good idea to contact an attorney for advice on how to handle the matter.

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Answered on 12/13/10, 8:27 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The first thing you need to do is to look carefully at the fine print of your contract to see if it says anyting about dowloading of your music Frequently contracts for this type of thing are very one sided. The next thing you will need to do is to talk with an attorney experienced in the music industry and copyright law.

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Answered on 12/13/10, 10:37 am


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