Discussion:
What is the name of your state? Nebraska
Here's the story - I sell various items on ebay - one of the items I was selling was a 8cd set compilation of 70's rock songs. I purchased the cd's from a distributor which is no longer in business. The cd's are Professionaly pressed cd's, and is printed on the cd with the orignal manufacturer of the cd - "sirus entertainment - UK" Anways I was contacted by email from a Paralegal from EMI records from New York basically saying the cd's that I was selling were in violation of copywright, and that they want me to send a multitute of information to them - who I bought them from, how many have I sold, who did I sell them to, and how much did I sell them for and they want me to send them any existing copies of the cd's to them. One part of the email has me concerned - it says "Make payment to EMI in an amount to be discussed." - I barely make enough money to make ends meet, let alone pay them 100's of dollars. What should I do?
Answer:
A few things are confusing about your post. Is EMI alleging that the CD's are pirated?
If the CD's aren't pirated, then I can't see (from your post) where they would have a copyright claim against you.
Answer:
Thats correct, they are alleging that the cd's that I'm selling are pirated, which they are not.
Answer:
Thats correct, they are alleging that the cd's that I'm selling are pirated, which they are not. How do you know they are not pirated? Unfortunately for you, the company that manufactured them (according to you) is out of business -- so how are you going to prove that they are not pirated? Copyright piracy is a type of strict-liability issue -- it doesn't matter if you knew or not, it doesn't matter if you purchased the CD's in good Faith or not -- if the CD's are pirated, you are breaking the law, period.
The best possible thing for you to do is to talk with a local lawyer with some experience in copyright law -- many lawyers will offer a free or low-cost initial consultation. Do not ignore this -- it may be possible to work something out if you can convince EMI that you are an "innocent infringer." If you ignore them, they will likely file a suit against you, and then you WILL need a lawyer for sure.