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Have I been violated?

M

macswitcha2

macrumors 65816
Original poster
Oct 18, 2008
1,255
8
I feel like I have a lawsuit or money owed to me at hand against am organization. An organization used a line from one of my songs as a title of a DVD they put out and used images of me reciting the the lyrics to the song. They are selling this DVD for $30 each.

What is violated here? I did not sign any release forms or gave them permission to use a line from my song as a title to their DVD project nor was I under the impression that the DVD was going to be sold.
 
It's still your copyright, they should not have a right to use it without your permission. Contact your lawyer, he can tell you a lot more than any of us can
 
macswitcha2 said:
I feel like I have a lawsuit or money owed to me at hand against am organization. An organization used a line from one of my songs as a title of a DVD they put out and used images of me reciting the the lyrics to the song. They are selling this DVD for $30 each.

What is violated here? I did not sign any release forms or gave them permission to use a line from my song as a title to their DVD project nor was I under the impression that the DVD was going to be sold.
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The short of it is that if you even seek legal advice, you will spend more money than any settlement will get you.

I take it the photos were taken at public performance of the material in question? And that you did not post signs and/ or make an announcement that photos, videos or recordings of the materials were not permitted?

As for the title, they can easily make the argument that they thought it up and were not aware its relation or relevance to your work.
 
Go seek legal advice.
A few years ago some guy on eBay was selling signed copies of my games (they were freeware) on disc. I expressively mentioned in the readme files that if you were charged for this to contact the seller and give them hell.
He backed off instantly and closed his account, no lawyers were needed that time.
 
If they did not use the whole song there is the possibility of fair use protecting them. However if they are using your image without your consent you might be able to go after them for that. A sound bite from a song would be considered fair use the whole song on the other hand could lead to a lawsuit. if you were captured on video and did not sign a consent form to appear on the DVD they would have to at a minimum edit the scene to disguise your face (just like some suspects and bystanders do on Cops) or remove the scene completely.
 
Was the pic/video taken in a public place? I'm no lawyer, but I believe that makes a difference. Can you give us some more details about the circumstances. I have seen some reported lawyers respond in other threads so having a few more details may help them give you a more accurate response. Of course as others have said you really need to seek local legal counsel to understand your rights and options.
 
mscriv said:
Was the pic/video taken in a public place? I'm no lawyer, but I believe that makes a difference. Can you give us some more details about the circumstances. I have seen some reported lawyers respond in other threads so having a few more details may help them give you a more accurate response. Of course as others have said you really need to seek local legal counsel to understand your rights and options.
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Sure, without giving to much info, this was not a case where I happen to stumble across something and saw my image and music and title. I was asked to participate in a DVD project. However, I did not know it was going to be sold and I did not give permission to use my image or music for their profit. Then, part of my lyrics, which I recite on the DVD, was used as the DVD's title.

I feel funny because I respect some of the organizations employees but I feel like they owe me money for profiting off some of my ideas. They have been selling this DVD for $30 and counting.
 
macswitcha2 said:
I was asked to participate in a DVD project. However, I did not know it was going to be sold and I did not give permission to use my image or music for their profit. Then, part of my lyrics, which I recite on the DVD, was used as the DVD's title.
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When you say you were asked to participate in a "DVD project", did you sign anything like a waiver or a contract? If so, I would assume that the fine print allows them to use the footage in whatever way they like and voids your rights to it. This is pretty standard with video projects.
 
I may be wrong here, if I am, I do apologise - but surely if you did not have this copyrighted then they have not done anything illegally...?

Also, I agree on the misleading part haha :p
 
JsR said:
I may be wrong here, if I am, I do apologise - but surely if you did not have this copyrighted then they have not done anything illegally...?

Also, I agree on the misleading part haha :p
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If the organisation failed to get the OP to sign a Social Actors Participation form, the organisation is screwed from a legal stand point. OP, contact the organisation directly and talk to the director of the DVD, see what they say, record it if you can, then go to a lawyer with the results.
 
I was not given anything to sign as I recall.

I feel conflicted because I don't want to come off as the bad guy.I know some of their employees personally.
 
macswitcha2 said:
...I was asked to participate in a DVD project. However, I did not know it was going to be sold and I did not give permission to use my image or music for their profit......
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macswitcha2 said:
I was not given anything to sign as I recall......
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boy, talk about muddied waters!

you were asked and agreed......but just didn't ask about if they were going to make money off it and make financial arrangement accordingly???

Maybe you should consider whether being on this DVD actually helps your career even though you wont get any money from it. Maybe the exposure and publicity are worth being on the DVD not matter what?
 
macswitcha2 said:
I was not given anything to sign as I recall.

I feel conflicted because I don't want to come off as the bad guy.I know some of their employees personally.
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If you didn't sign anything, then there's an issue, a verbal agreement isn't good enough, they need to have signed forms of all their social actors/contributors, especially for a DVD being sold.
 
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