Legal Question in Entertainment Law in California

Music

11 years ago I did some comedi intos for a friends band in a studio. I recently discovered the cds are being sold on the internet and one song I am prominant in has been used as a sample on the internet for years.Can I sue this was in L.A. I now reside in NY


Asked on 6/03/08, 12:57 am

1 Answer from Attorneys

Re: Music

As with most good legal questions, the answer is it depends. If the material that you spoke was original to you, you may have a claim for copyright infringement. However, recovery under this claim is limited to conduct that occurred witin the last three years. There may also be a claim for the use of your voice under state statutes that cover the use of name, picture and likeness in trade and advertising without authorization. However, this claim is better for you under California law, which specifically covers use of voice, as opposed to New York law, which does not.

The practical question is how widespread is the use and what are your damages? A suit to enforce your rights can be costly and time consuming. You should check with an attorney and see if perhaps a strongly worded cease and desist letter from counsel might be enough to stop the use. After that, a good attorney should be able to assist in determining if the action is truly worth pursuing.

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Answered on 6/03/08, 8:52 am


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