This is a MUSIC forum. Irrelevant or disrespectful posts/topics will be removed by Admin. Please report any forum spam or inappropriate posts HERE.

All users can post to this forum on general music topics.

Moderators: bandmixmod1, jimmy990, spikedace

#98970 by CraigMaxim
Wed Jan 27, 2010 10:30 pm


My former band is at it AGAIN!!!!


I have already successfuly had MY SONGS removed from their MySpace 2 or 3 times, as well as some damn site based in Israel!!!

Now they have uploaded them to ReverbNation!!!!

I need to sue these mother f*ckers this time!!!!

Write YOUR OWN f*cking songs, you loser pricks!!!!

:x

#98981 by CraigMaxim
Wed Jan 27, 2010 11:42 pm


I could really use some prayers about this.

I cannot even begin to express how my heart rate is up, and what these people do to me emotionally!

Thank you for any thoughts or prayers you can send my way!

:(

#98983 by gbheil
Wed Jan 27, 2010 11:47 pm
Dude ! Chill.
They ain't got shyt on your songs without you.
You could just as easily be flattered as pissed.
What they going to do ? Live off some old recordings for the rest of their lives?

Ask yourself Craig.
Will suing them bettor your position or career?
does this in any way diminish your honor?

#98988 by CraigMaxim
Thu Jan 28, 2010 12:05 am


They've re-recorded them in some studio.

What's especially worrisome, is that I know, if they are brave enough to put them up, they are also sending them out as demos to get gigs, and WORSE... they are obviously planning to sell them as an album at their gigs, or maybe online too?

They are contacting agents and others in the business (I've seen the comments) and sure... they are not young enough or good enough, to make any name for themselves, but it degrades the value of MY SONGS, when they try and make it look as if they are THEIR originals.

They are billing it like that.... "Come check out the originals we have posted!"

But they don't give me copyright credit!

I have a lawyer in Ft. Lauderdale who I can use for this, or he can get me someone in Georgia if need be.

I sent them a cease and desist order a year ago, about not only my wongs, but using the name I CREATED for the band I STARTED. I may go ahead and sue them for that too. I have ALL the emails, that I hired EVERYONE in that band, and that show that I MADE UP the band name alone!

I just wanted them to write their own damn songs, and leave my songs alone, nothing more. But now... obviously it wasn't enough for them to STEAL my band name from me. Maybe I should sue for that too, and get them to relinquish the trademark they ILLEGALLY registered. I tried to explain to them before, that this is not the wild west, where copyrights and trademarks are concerned. And that LEGALLY our copyright law, protects a work from the moment it is created and put in TANGIBLE form. It's just a matter of proving that you are the creator.

With the songs, this is easy. Some of them are already copyrighten, and I have plenty of witnesses and recordings, etc... of me playing MOST of those songs with another band, way back in 1993 when I wrote many of them.

But I think I can successfully prove that I made up the band name as well. I am sure that some of my original band members would testify to that as well. They won't perjure themselves on the stand.

Does this mean you aren't going to pray for me?

:(

#98991 by gbheil
Thu Jan 28, 2010 12:14 am
Does this mean you aren't going to pray for me?



Well Craig it's a little late for me to take it back now. :lol:

I just don't want you to twist a nut in those panties my man.
Life is too short.
If you have legal rights and the people you need to pursue this.
And if you really think it is worth your while to do so.
Then by all means do it.

But don't use / loose another minute in red hot anger .
Convert that anger to the cold blue steel attitude it takes to accomplish your unbending intent.



:wink:

#98995 by 1collaborator
Thu Jan 28, 2010 12:43 am
Write another one .

Then finish your new album.

Maybe use a couple of your best from that era on this new album.

Sell 10,000,000 copys.

Rub there noses in it. The dumb bastids !


If your not satisfied by then,

Sue the sh*t out em !!!! :lol:

And have another day in Paradise !!!!

#98996 by J-HALEY
Thu Jan 28, 2010 12:49 am
Craig take the high road. I have had the same and worse done to me. It will kill your soul Dude, trust me you are only hurting yourself by dwelling on this. The music world is full of losers like this. Just write some more songs and move on. Those losers are not even worth your worry. You are an extremely talented writer, singer, musician, and producer. Some want to be's are always gonna want to ride your coat tales. I know it is hard, but for your own good man let it go or else you will keep yourself up nights worrying and upset about it and it WILL EFFECT your psyche and health.

#98999 by fisherman bob
Thu Jan 28, 2010 1:45 am
I wouldn't let it bother you. Let them make a fortune with your tunes THEN sue them. Consider it a growing retirement account for you.

#99016 by CraigMaxim
Thu Jan 28, 2010 8:55 am


Thanks guys!

I have to pursue this though, because #1 it is lost revenue due me, and #2 you really have to defend your copyrights to help protect them.


I dont think they understand the SEVERITY of the penalties for what they have done!

Copyright Office Statement:

"Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights."




#99028 by KLUGMO
Thu Jan 28, 2010 12:27 pm
Fisherman Bob has the right idea in my opinion.

#99031 by Chippy
Thu Jan 28, 2010 12:42 pm
This is sad.
I remember folks saying it doesn't matter before, let them get rich and all that other good stuff. People do copy other people, its simple. Sure if you can afford the legal costs then why not? I wouldn't leave it until they get rich either, (if they do? Its tough out there). Once however in the spotlight its hard to remove it and these days it doesn't matter if its good or bad news either, they lap it up like dog-swill.

I'd be interested in hearing your recordings and theirs side by side Craig.
Shouldn't happen but it does and it sucks.

#99034 by philbymon
Thu Jan 28, 2010 12:52 pm
Ya know, I hate to admit it, man, but I've been there, too.

I feel like my songs are not only my babies, but they're my legacy, perhaps even my "immortality," whether they ever get accepted in the big bad world or not. When the band I was in pulled this crap, I went ballistic, almost literally. I came very close to actual violence on more than one occasion, even to the point of confronting them at social functions & such. My entire social network was compromised, cuz ppl started feeling very uncomfortable around any of us. My response was kind of immature, in retrospect, & i'm ashamed to admit it, & don't like to remember it, either.

I went to a cpl lawyers to settle it, but there just wasn't anough money involved for it to be worthwhile to them, since, in my case, they were either giving away the songs, or selling them at a loss. I certainly didn't have enough money to sue them out of pocket, just to have them fined, with little to no recompense for my investment. So I ended up dropping it, & it went away.

It's hard not to get your back up, Craig. Remember that your blood pressure doesn't give a damn whether you're in the right or in the wrong. You've got to keep your emotions on a short leash, or they can kill you. You aren't an 18 year old kid anymore. You're supposed to be able to handle things like this without the white-knuckle fight-or-flight animal response that you're showing both us AND your enemy. Never let 'em see you sweat or become obsessed with thier actions, or it's they who are in control of everything from your songs to your very emotions & health.

The best way to handle it, if you must (& you should, btw), is to place the whole of it in a good lawyer's hands, & let him & your god work it out for you. I hope & pray you can find it within you to control your unhealthy responses, first, & to fix this situation, second. Perhaps this is just one of those life lessons ppl like you & I need to learn, man. Look at it like that, perhaps it'll help.

Good luck.

#99040 by jw123
Thu Jan 28, 2010 2:24 pm
Craig,

From a business point of view how much revenue are you really losing? You dont have to tell me cause it doesnt matter to me or to anyone on this board.

I run some business's and have gotten into some very expensive emotionally trying legal situations. You have to ask yourself is this really worth going thru? You will tie up your creative energies in something that will gain you what? Title to a band name and some songs.

I just hate to see you expend too much time, energy and lets face it to really pursue this will take some money and it could get big in the end.

I understand the emotional attachment, but sometimes its best to just let it go and leave it unto the Lord isnt it?

Besides if you keep stressing over it all you might lose all your hair like me!

#99048 by jimmydanger
Thu Jan 28, 2010 3:41 pm
That sucks but you can't do much until they make some money from the songs. Remember anyone can cover any song without permission of the songwriter/publisher if money isn't involved.

#99080 by CraigMaxim
Thu Jan 28, 2010 6:49 pm
jimmydanger wrote:That sucks but you can't do much until they make some money from the songs. Remember anyone can cover any song without permission of the songwriter/publisher if money isn't involved.



Yes true, but they are covered under a PERFORMANCE LICENSE only! They can play the material LIVE at gigs, but they CANNOT record and distribute my music, whether by uploding them to sites for display, or even to send out as demos! And they ARE distributing my music. It may be an oversight, but on one site, they are available for FREE DOWNLOAD!

Right now the labels are getting judgements of $10,000 PER SONG, just for illegal downloading! Willful infringement, which this definitely is, can be up to $150,000 PER SONG!

They have actually listed them as "Our Originals" on some of their sites, and the distribution of MY SONGS, without my permission and without proper credit, CAN IMPACT their value.

This stuff is VERY SERIOUS these days.

I am shocked that they are THAT STUPID!

And frankly, I AM SICK AND TIRED of having to check periodically, to see whether they are violating my rights, every week. A judgement against them, would likely stop them for good.

Who is online

Users browsing this forum: No registered users and 2 guests