Bootlegging - what are the options?

Hi

This question may seem a bit simple but im stuck on what to do with this.

I'm the admin for a major mixtape download and streaming website which offers hundreds of albums from the top dancehall, reggae, rnb, hip hop dj's.

I was recently advised that another site selling mix cd's has been downloading the albums and then offering them for sale on his own website. I have a way to block the users paypal address from making further purchases but have been advised that the person in question is refusing to remove the media from his site.

I have only just added a policy concerning the re-distribution of media obtained from the site, essentially (in text anyway) preventing anyone from re-distribution in any form without prior consent from both this site and the original artists.

Basically I need to know what to do in order to get the content removed from this other site - I'm aware there will be other sites possibly doing the same but cant stop them until I know about them.

Any help would be appreciated

Talk to your lawyers. Especially if this involves big labels/artists, because they will pursue legal action.

Hi

Thanks for the reply.

I have advised the site owner to contact his legal team in relation to this but wondered if there was anything else I'm able to do in relation to this as while we wait on lawyers this guy is making a profit from material which he should not be selling.

Am I right in thinking that even though the redistribution policy was added after we found out about this that it will still apply even though it was not present when the downloads were initiated?

Thanks

I'm wondering if it's legal for you to be distributing the "original" material. If it's remixes of other artists' materials you are already aware you need to secure the rights from all those artists. Using effect and taking the vocal part out of Strawberry Fields and layering it to a dance beat requires you to have a master use right to Strawberry Fields in the first place. It's actually a lot harder to pull off legally than it is to cover the song outright (in which case you can talk to Harry). The same applies to using TV commercials, radio programming, etc. It's often abused and can be equally as hard to bring a case against but it doesn't automatically let one off the hook. Some of the DJs work out deals with labels to use their catalogue. That works. Of course they have to be able to transfer that right to you, and of course they must have done that.

As for bringing a case if all is otherwise above board you really need a lawyer. I just studied this stuff a bit out of my own pocket because I'm a musician myself and felt it was must know stuff. But I'm a database analyst not a lawyer :-P

Hi

Yes I can confirm that the site I work for has full artist permissions both original artists and current mix dj's permissions for use and distribution of the media - The site will not allow mix dj's without prior agreements and contract being signed which make it the responsibility of the artist to gain consent from the original recording artist / record label, which I'm assured is all in place - As I previously stated the site deals with some major dancehall, rnb, reggae artists etc, some are among the top 10 in their field and signed to major labels with whom this site holds agreements and contracts to re-distribute material.

Anyway thanks for the advice given here, and I'll wait on word from the lawyers.

Cheers