Eric Clapton Reps issues statement on recent infringement lawsuit
Eric Clapton Management issued a statement in response to information from a German woman selling a pirate Clapton CD on eBay.
As previously reported, the aforementioned woman was selling her late husband’s CDs on eBay, and she said her husband bought the Clapton bootleg at a department store over 30 years ago. The bootleg was listed for the equivalent of $ 11.
Clapton, citing that it was an unauthorized album, sent the court an affidavit, and the Düsseldorf Regional Court ruled in her favor and dismissed the woman’s appeal against the decision where she stated that she did not initially purchase the CD herself nor knew at the time she was listing it on eBay that it was a bootleg. She now faces a fine equivalent to $ 280,000 and six months in prison if she continues to try to sell the album … for $ 11.
Following reports of this legal issue, Clapton management issued the following statement through its fan club site:
“In light of the widespread and often misleading press reports on a recent smuggling case involving a woman in Germany, the following provides some insight into setting the record straight.
Germany is one of the many countries where sales of illegal, unauthorized and generally low-quality CDs are rife, hurting both the industry and buyers of substandard products. Over a period of more than 10 years, the German attorneys appointed by Eric Clapton, and a significant number of other well-known artists and record companies, have successfully prosecuted thousands of infringement cases in the legal proceedings of ‘author of routine.
The intention is not to target individuals selling isolated CDs from their own collection, but rather active smugglers making unauthorized copies for sale. In the case of a person selling unauthorized items from a personal collection, if, upon receipt of a “cease and desist” letter, the offending items are removed, the charge would be minimal or could be waived.
Eric Clapton’s lawyers and management team (rather than Eric personally) identify whether an item offered for sale is illegal, and a statement confirming this is signed, but thereafter Eric Clapton is not involved in any individual case, and 95% of cases are resolved before going to court.
This case could have been settled quickly at minimal cost, but unfortunately in response to the first standard letter from German lawyers, the individual’s response included the line: “Do not hesitate to file a complaint if you insist. on the requirements ”. This triggered the next stage of standard legal process, and the Court then issued the initial injunction order.
If the person had complied with the original letter, the costs would have been minimal. If she had explained all the facts straight away with a simple phone call or letter to the lawyers, any claims could have been dropped and the costs avoided.
However, the individual appointed a lawyer who appealed the injunction decision. The judge encouraged the individual to withdraw the appeal to save costs, but she sued. The appeal having failed, she was ordered to pay the costs of the Court and of all the parties.
However, when all the facts of this particular case came to light and it was clear that the individual was not the type of person Eric Clapton, or his record company, wanted to target, Eric Clapton decided to take no further action and does not intend to recover the costs awarded to it by the Court. In addition, he hopes that the person will not incur additional costs themselves. ”
Eric Clapton – Top 50 Songs
Erica Banas is a classic rock / rock news blogger who knows the label well and is extraordinarily kind.