Legal Question in Intellectual Property in Tennessee

Re: copyright & statue limations

There's definately something to do about copyright infringement. Ever heard of Napster?

I'll be happy to discuss this with you further.

[email protected] or 662-563-9625

Re: copyright & statue limations

This is a very complicated issue that will require an experienced attorney to assist you. The short answer is that there is a 3 year statute of limitations for copyright actions. This does not mean that an action cannot be brought if the infringement occurred more than 3 years ago, but it does limit the amount you can recover to the last 3 years of damages.

The issue is complicated somewhat by the international aspect of the facts that you have presented. Much depends on how the product was originally placed into the marketplace and in which countries. An additional aspect to be considered is who you will have to sue. If you have to go out of the country to enforce a judgment, the entire action may wind up being an exercise in futility.

What needs to be reviewed is how, when and where the recordings were made, as well as any contracts that were entered into that might impact upon the issue. Finally, contact should be made with the performing rights societies (ASCAP, BMI and SESAC) to see if there might be some royalties that have accrued for any public performance (such as radio or television).

I cannot stress enough that this is a very complicated area of the law. You are dealing with not only copyrights in compositions, but in master recordings as well. You may have to deal with the older version of the copyright laws (which underwent a major change in 1986). You may also have to deal with international copyright treaties and foreign courts.

Because of the complexity and potential cost, you should research your options very carefully. Talk to several attorneys until you are convinced that you have found one you feel comfortable with, both in their relationship to you as well as their experience in this highly technical area of the law. It would do you no good to get involved in a situation that is beyond both your means and your attorney's ability.