Legal Question in Intellectual Property in New York

Copyright Law

Some time ago I bought a CD of movies which the seller claimed came with FULL resale rights. I have been selling this on the internet. Today I get an email from a company saying they are acting as the agent of the owner of the copyright on the CD and that, by selling it, I violated the law.

I explained that I was told it was with full resale rights and had no intention of breaking any laws.

I spoke with the guy from the agent company. He said that I was very reasonable and, because I responded quickly, etc. my fine would only be $1000 instead of up to $5000. I asked him how I can be sure HE is not a scam. He referred me to his website which seemed legit. It was a site that offered website hosting, etc. I told him that I would cooperate and pay. He said he will send me an email and then a release. Do I have any options other than this?


Asked on 3/02/04, 5:56 pm

2 Answers from Attorneys
Michael Paradise Law Offices of Michael S. Paradise

Re: Copyright Law

Seeming "legit" does not mean he is legit. You are treading in quicksand if you do not avail yourself of a lawyer on this one.

Read more
Answered on 3/02/04, 6:10 pm
Gerry Elman Elman Technology Law, P.C.

Re: Copyright Law

Have you gone back to the seller and questioned him about this?

When you confide the details to a lawyer and obtain specific advice on this matter, you will be told about what I have called the Brooklyn Bridge warranties, that are part of sales transactions that are subject to the Uniform Commercial Code. One of them is the warranty of noninfringement. If a third party actually has the right to sue you for copyright infringement, then the seller has "sold you the Brooklyn Bridge." If so, perhaps you have a right to be indemnified by the seller.

Alternatively, it's possible that the "agent" doesn't have the rights he claims to assert.

Read more
Answered on 3/02/04, 6:32 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York