You can contact me at allang@ufl.edu, or leave a comment below.
4 thoughts on “Contact Me”
Hi Allan, That’s a great guest post you wrote on the Sound Cloud Blog….
For a long time I’ve been wanting to ask about a legal strategy related to this particular situation.
I’m wondering what the outcome would be if the restaurant owner had immediately called the police and had the license selling attorney arrested/cited? Can you think of any charge that’d likely stick? Clearly these people who coerce business owners into buying licenses are using illegal tactics that are silencing local musician’s right to free speech, as well as misrepresenting the interests of BMI clients. Can that ever become a criminal matter? Or is that only something that can be dealt with as a civil matter? Or could they be arrested for disturbing the peace/ interfering with the normal operation of a place of business?
And for the sake of argument, let’s assume the Restaurant owner’s wife is a high powered attorney who’s law firm is currently representing recording artists who are being defrauded in getting paid their royalties by BMI? Let’s also assume that this is the same law firm that exposed all the other fraudulent claim letters and bogus legal filings that BMI has been a party to in recent years. If that were true is it at all possible to use a mountain of evidence that often gets referenced on the blog Torrent Freak as a means to file criminal charges against the person trying to force people to buy the license? I mean isn’t this what they created anti-racketeering laws? I mean this is what the Mafia used to do and we found ways to make it illegal right?
Can’t something be set up through state police/attorney generals office to bring these people to justice?
Or is the only way to address this based on passing federal, state or city laws that would outlaw this?
Thanks for taking the time to let me know your thoughts on this…
Deane,
Thanks for the compliments. Unfortunately, I cannot comment on your proposed hypothetical secenario posed in your question, as that would constitute legal advice. What i can point you to is back to the original article – in it I mention that what BMI and ASCAP are doing is completely within their legal rights to do so. There is no legal wrong being committed, civil or criminal.
It is a dirty business, and I find it reprehensible myself. But it is not BMI and ASCAP that are in the wrong. It is US copyright law itself that is broken.
Thanks again!
-Allan
please note this response does not constitute legal advice and is not intended as so. Additionally, this response does not constitute an attorney-client relationship
I have a certified letter waiting for me to pickup at the PO, Its from Charter communicayions, my belief is its a subopena, forgive my spelling, my worry is its in my wifes name as she has the acct.. she is the only employed one in our house and im worried they will attack her as well as her 401k, we received a infringement warning some time ago after having some famly members stay at our apartment in which we rent.. times are tough for us and now i get this cert letter card which i have to get on Monday.. what should we do.. times are tough for us in this economy and being jobless myself now what should we do? Any more pressure and i could be in for a divorce.. and i dont want her to loose the little she has.. yoour recomendation and advice is appreciated..
Hi Allan, That’s a great guest post you wrote on the Sound Cloud Blog….
For a long time I’ve been wanting to ask about a legal strategy related to this particular situation.
I’m wondering what the outcome would be if the restaurant owner had immediately called the police and had the license selling attorney arrested/cited? Can you think of any charge that’d likely stick? Clearly these people who coerce business owners into buying licenses are using illegal tactics that are silencing local musician’s right to free speech, as well as misrepresenting the interests of BMI clients. Can that ever become a criminal matter? Or is that only something that can be dealt with as a civil matter? Or could they be arrested for disturbing the peace/ interfering with the normal operation of a place of business?
And for the sake of argument, let’s assume the Restaurant owner’s wife is a high powered attorney who’s law firm is currently representing recording artists who are being defrauded in getting paid their royalties by BMI? Let’s also assume that this is the same law firm that exposed all the other fraudulent claim letters and bogus legal filings that BMI has been a party to in recent years. If that were true is it at all possible to use a mountain of evidence that often gets referenced on the blog Torrent Freak as a means to file criminal charges against the person trying to force people to buy the license? I mean isn’t this what they created anti-racketeering laws? I mean this is what the Mafia used to do and we found ways to make it illegal right?
Can’t something be set up through state police/attorney generals office to bring these people to justice?
Or is the only way to address this based on passing federal, state or city laws that would outlaw this?
Thanks for taking the time to let me know your thoughts on this…
Be well, Deane
Thanks for this great post Allan: http://torrentfreak.com/music-copyright-police-ruin-artists-gigs-and-coconut-curry-111008
My question is below?
Be well, Deane
Deane,
Thanks for the compliments. Unfortunately, I cannot comment on your proposed hypothetical secenario posed in your question, as that would constitute legal advice. What i can point you to is back to the original article – in it I mention that what BMI and ASCAP are doing is completely within their legal rights to do so. There is no legal wrong being committed, civil or criminal.
It is a dirty business, and I find it reprehensible myself. But it is not BMI and ASCAP that are in the wrong. It is US copyright law itself that is broken.
Thanks again!
-Allan
please note this response does not constitute legal advice and is not intended as so. Additionally, this response does not constitute an attorney-client relationship
I have a certified letter waiting for me to pickup at the PO, Its from Charter communicayions, my belief is its a subopena, forgive my spelling, my worry is its in my wifes name as she has the acct.. she is the only employed one in our house and im worried they will attack her as well as her 401k, we received a infringement warning some time ago after having some famly members stay at our apartment in which we rent.. times are tough for us and now i get this cert letter card which i have to get on Monday.. what should we do.. times are tough for us in this economy and being jobless myself now what should we do? Any more pressure and i could be in for a divorce.. and i dont want her to loose the little she has.. yoour recomendation and advice is appreciated..