Legal Question in Intellectual Property in Illinois
illegal music
A local radio station played a leaked copy of a band's soon to be released album. Is there any legal action that can be taken against the station by the artist or label?
Asked on 6/03/07, 6:09 am
1 Answer from Attorneys
Donald R. Simon
The EIP group
Re: illegal music
This happens occasionally. One of the monopoly rights afforded a copyright holder is the right of performance. The radio station is not properly licensed to perform the song or songs because they have not yet been officially released for performance. In most instances, the station is sent a cease and desist letter from the artist's or label's attorney threatening copyright litigation. However, these things usually become moot because by the time an artist or label initiates a lawsuit, the album becomes commercially available.
Answered on 6/03/07, 8:15 am