Legal Question in Intellectual Property in New York

Craigslist sales of music

I have a number of musical arrangements from a big band that i was part of from 1978-1998. The band leader died in 1998, and since then the estate has asked me to sell the arrangements and the money would be to pay off the band's old debts. I put the list up on Craigslist, and 12 of the arrangements had sold. No where in my advertisement did i state that the arrangements were 'original' (that is, purchased from the publisher on heavier stock paper), they were the ones from the 'books' as played by the men in the band. These charts were copies (made during 1978-1998) so that if a part was lost or destroyed, the arrangement could be re-constructed. When the charts were sold, I was paid, but now the buyer says he can't use them, since they are copies and not originals and he can't record them , not being from originals. He wants his money returned and he said he would mail back the charts. I am not sure if he made copies for himself, and is trying to scam me for the charts, and get his money back as well. I had no statement that the charts were originals in my ad, and if the buyer wanted originals, he should have asked me that question, and I would have responded truthfully.

What is the law?


Asked on 1/29/09, 6:33 pm

1 Answer from Attorneys
John Friedman Law Office of John K. Friedman

Re: Craigslist sales of music

You owe him nothing assuming you didn't mislead him or lie to him. As-is is how these are sold. If he had questions before the sale he could have asked you. He didn't. Stick to your guns.

Read more
Answered on 1/29/09, 6:53 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York