Legal question

D

duzkerotzki

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Well, i uploaded a video with the title of a new released song of a band.
The video contained "Download the song "blablablabal" ! Follow the link in the description." Well, there was a sharecash link.

Actually it was just a fake file. Not the real song.

Now i got a message by the band. The Message title was: "We have turned this over to our attorney". The message was like:
We have reported your video to a youtube admin and we've turned this over to our attorney. If this video isn't removed immidiately our legal team will proceed."

What do i have to expect?
 
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Well i've taken down the video and the file, but it was actually a fake file. I didn't make any money by them anyways.
So will i get a letter by their attorney?
 
duzkerotzki said:
Well i've taken down the video and the file, but it was actually a fake file. I didn't make any money by them anyways.
So will i get a letter by their attorney?
Click to expand...

I'm an attorney in the US and have sent infringement letters to webmasters. I wouldn't be worried if I were you, but I guess there is a chance you could have some problems. However, if you get a letter it will probably only have something to the effect that "if you don't take the video and file down we'll sue you for infringement." However, the fact that you already took it down goes a long way to avoiding any problems. I don't know where you are in the world and how much you are worth or where this band is located, but the chances are the costs of suing you would be far more than any monetary judgment they may get.

If this is the 100th time the band (or any other copyright holder) has caught you infringing that could be a different story. Well known or heavy repeat offenders can sometimes be made an example of for everyone else to see.

You may want to find a new way to make a buck. Everyone is out there watching for infringement on this type of stuff now days and you may get caught up in a lawsuit at some point that will cost you much more than you ever made.

If you are really worried, get an attorney in your state/country and don't rely just on what I've said in this post.
 
BigJimW said:
And do so "immidiately"
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I don't know what you mean by this? :o sorry my english aint the best

@teeniegeenie: thanks, this helped me alot. Well i live in Germany, the used youtube account is registered in the US and the information about country is also "USA".
In addition the band aint that famous. I doubt they have that much money.
Well, maybe i should just write back and apologize.(?).
And yes, i should find a new way of making bucks (well i'm a newbie, and in germany many things are a lot more difficult than in the US. Here are many rules about websites etc., and if you dont follow em you get a letter of attorneys in a low period of time.) Thanks for you help.
 
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Listen, you are using the band's name and goodwill to make money for yourself. Obviously they will take action to protect their brand. These attorney's are on retainer and have no problem writing whatever letters they need to.

Maybe pick a different route to make money.
 
Yes, that's what i was just talking about.
 
I would not worry, Unless you were downloading the song and making money of it. ( A lot of money) they send stuff like that to scare you, and it worked.
 
Yes, i admit i am scared a little. Cause i am a student and if I would have to pay like 2000$ or something i need to quit my studies, i just dont have the money. so there's a reason to be scared. But well, i just wait and do nothing now.

Thanks for your help guys
 
duzkerotzki said:
I don't know what you mean by this? :o sorry my english aint the best
...
Well, maybe i should just write back and apologize.(?).
Click to expand...

He meant that the word 'immediately' was misspelt which is often a sign that the letter is fake. But unless you really know what you are doing you should just back down. Of course if you lived in some country where nobody cares you wouldn't care too.

As to writing back and apologizing, well lawyers are not your friends. You get no credit for being polite. You'd be simply confessing and exposing your IP at the same time. So if you are scared just take the stuff down silently, ignore any other correspondence that is not official (not coming from a court) and move on. So far they only have an account name which is not really much.
 
dude seriously I would laugh at their face. they can't do shit and they aint going to do shit. Threatening over the internet is ridiculous.

if the band wrote the letter then it's further indication that they don't even have an attorney. They would go straight to the attorney and the attorney would identify themselves as an lawyers that represent the band, tell you their office info like name of the company, phone numbers, and address and tell you what their issue is with you.
 
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RCKid said:
dude seriously I would laugh at their face. they can't do shit and they aint going to do shit. Threatening over the internet is ridiculous.

if the band wrote the letter then it's further indication that they don't even have an attorney. They would go straight to the attorney and the attorney would identify themselves as an lawyers that represent the band, tell you their office info like name of the company, phone numbers, and address and tell you what their issue is with you.
Click to expand...

Well, you're right. I think they just try to protect their music by scaring me. But hey it worked ;p
But safe is safe, i'll jus stay away from the extreme blackhat things. Maybe i'll try whitehat. =)

Well it was an experience. Every experience makes me better. They let me grow.

Thanks for your help. Well i will just delete this youtube account, the name sucked anyways ;p.
 
I think you are ok but I would not try doing a similar thing like this again. You may even want to just delete the whole youtube account and start fresh to be on the safe side.
 
They do have a claim for breach of trademark and/or copyright if they can prove that you benefited (financially) from using their name. I wouldn't worry about it - just remove the file and any mention of the band.
 
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