Legal Question in Entertainment Law in Canada
Copyright infringement
I am a US citizen and former recording artist of an independant record company located in Toronto, Ontario - Canada. While surfing the web, I discovered that this company had released a ''best of the company CD''. Without my permission and me being the 100% copyright owner (both writer and publisher of the song, they used my song on this CD (even though I have not done business with them for over 7 years). They also had theier distributor put this CD containing my song on download sites (i.e. Apple iTunes, E-music etc) and made money from it. After I contacted iTunes and IODA and provided them with proof of my being the copyright owner, they removed the CD from all sites and provided me with the $ amount my song had made. This former record label named John H. Lennon Music, Ltd's distributor refues to give me my royalties and told me I would have to sue them. As a US citizen and they are in Canada, can i file just a small claims case against them. I don't have the funds to hire an attorney as I know that in a larger court, I could possibly win larger. There is a lot more fraudulent activity that they've done other than what I've mentioned.
Thanks,
JR
2 Answers from Attorneys
Re: Copyright infringement
This is a complex question. I would be happy to discuss this with you at you leisure. There is a possibility of claims far exceeding what you can recover in small claims.
You can call my 24/7 answering service and I will call you back immediately.
Joshua Hale
619.866.3535
Re: Copyright infringement
Copyright lawsuits can only be filed in a federal court. The fact that they are in Canada is not that big of a problem. Please feel free to email or call.