QUESTION
Should I sue for a website selling my music without permission?
Asked on Sep 05th, 2012 on Intellectual Property - New Mexico
More details to this question:
I Googled myself yesterday and found that the website www.myxer.com is selling one of my songs as a ringtone for $2.49 per download. I don't know if its been downloaded or if any money has been made but none of the revenue is going to me. I do have the rights to the music and lyrics as well as intellectual property and I have NOT authorized this. Someone is selling it on the site and it is NOT me. I have asked Myxer to send me some kind of details stating who put it up for sale, and I have also explained that the song was not put on the site from me. I also requested information for the amount of money, if any, has been accrued from this. I have not received a responce and I did advise them that I would seek legal councel if I did not get a reply. What should I do?
1 ANSWER
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You will need the services of an attorney to rectify this situation. You should bear in mind that it is not likely that the infringer has realized much revenue from infringing sales, and, if you have not already registered the copyright in your work, you may not be able to recover statutory damages or attorneys' fees from the infringer. Under the circumstances, your most cost-effective efforts might be to continue to attempt to cause the infringer to desist. Please contact my office if we can help -- (203) 399-1320.
Answered on Sep 05th, 2012 at 12:06 PM