Legal Question in Entertainment Law in Oregon

unauthorized distribution/resale of CD

My son self-produced, self-published a CD that is available for sale as new on a leading retail website. The problem is that my son has no authorized distributor except himself. All copies were delivered to him & he is in charge of distribution - some went to record/CD stores on consignment & some he gave away, but this seller was not one of those nor were they on the mailing list to get a free copy. The CD's labeling does not include any language re distribution, it only has the copyright information (i.e., all songs written, produced & performed by [my son](c)2005). He entered into no contract/s with anyone regarding distribution or republishing except for the consignment sales. He is not an ASCAP/BMI member to collect royalties on this (yet). Does his copyright imply or somehow convey distribution rights reserved to him only? If so, what do you recommend as next steps? If not, what is the correct way to label a self-produced/published CD to prevent this? Any thoughts you might have are appreciated.


Asked on 2/18/07, 12:32 am

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: unauthorized distribution/resale of CD

He has copyrights which need to be asserted/protected. A Cease + Desist letter would be first step, then litigation for injunctive relief + damages.

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Answered on 2/18/07, 10:53 am
Steven Mark Steven Paul Mark, Attorney at Law

Re: unauthorized distribution/resale of CD

You don't state whether the songs and CD were registered for copyright in the Copyright Office. If by "asserted/protected" Dave Anderson means register the copyright, he is right. You can't bring a copyright infringement until you obtain registration. It's easy to do and cheap. Go to copyright.gov and you can DIY. You can send a cease and desist but you may want to inquire with the consignees whether they provided consigned copies to this "seller." If they did, your son would be paid and accounted. If they did not, and the seller is distributing pirated copies, I can refer you to one of the best anti-piracy lawyers around (not me). Unfortunately, "cease and desist" letters are often ignored and in order to protect one's rights, that howitzer needs to be dusted off, locked and loaded.

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Answered on 2/19/07, 11:23 pm


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