Youtube Cease and Desist Letter?
5 attorney answers
It sounds like you have not received a C&D letter and are only asking a "what if" question because you are concerned you may soon receive one. If you own the copyrights, you have no concern. If you do not own the copyright, then follow the sage counsel of my colleagues. Copyright infringement is statutory, no guilt needed, either you didor you didn't.
Peace be with you, and may love guide you.
You need to own a license to the music your bot is presenting to have the legal right to use the music.
You may want to discuss your situation with a lawyer in more detail. Many lawyers on Avvo offer a free phone consultation.
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It depends on the contents of the letter, your facts and whether they are asserting valid interpretations of the law. Get one of the letters, retain your own lawyer, put together a plan. Well supportable cease and desist letters are often preliminary to a lawsuit. Sometimes they are just bluffing, but one wouldn't think these parties would bluff. Of course, you'd be better off if someone else spent the money defending a similar case, but that's sometimes not an option. An old tactic is to pick off the easy ones, unlikely to fight, before taking on the big defendants. Retain a lawyer to go over the facts and law.
This is public information not legal advice. For confidential consultation email [email protected] Please read he whole disclaimer, click More. This answer is written to explain situations which may come up involving intellectual property law issues. It does not give specific legal advice about specific fact situations. If you have a specific fact situation in mind you should ask for professional legal advice about the relevant facts. Seemingly minor changes in facts may change a legal opinion dramatically. Space here does not permit an explanation of all the variables in complex legal areas. Dave Brezina is an Illinois lawyer and his profession is regulated under the authority of the Supreme Court of Illinois. Although he represents clients nationally and internationally, his law practice is performed in Illinois and is not subject to regulation by other states. Dave Brezina is also a Registered Patent Attorney and a patent practice is regulated by the US Patent and Trademark Office a Federal agency and is not subject to regulation by the states. The firm, Ladas & Parry, LLP, has attorneys admitted and offices in at least Illinois, New York and California. Finally, do not post confidential information. There is not an attorney client relationship created simply by correspondence or communication with the author of this site.
A. cease and desist letter has no legal effect, it is more of a warning. If you get sued for copyright infringement by a large company, your chances of mounting a credible defense is very small and it will be very, very expensive.
If by "music bots" you mean copying the musical compositions written by other songwriters whose copyrights are owned by a music publisher who's not you, and copying the sound recordings whose copyright is owned by other record label that aren't you, yes, you could have your account/server shut down, and/or you could get one or more DMCA takedown notices, and/or you could get sued in federal court for copyright infringement.
Copyright infringement isn't something you ignore or "beat" without a meritorious defense, and from this post it doesn't seem as if you have any defense at all, besides maybe "I'm not infringing as much as some bigger infringers are," which of course isn't a defense.
Consult counsel for help.
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