Q: Stolen song published w/o my consent in 2010. Now it's platinum. I'm being sued by the thief b/c I stopped pub deal wtd?
Song published initially 2010, licensed over a dozen times globally w/o my consent. Now song the song was released again by a major label w/o my consent and it's platinum. I stopped the original thief's attempt to get paid from a publishing deal using my song as he is in efforts with the second set of thieves and now he is suing me. The second set of thieves are signed to a major and they are using my voice. The label is abroad and I want to know if mediation is a good route to take as suggested by my lawyer. Also, he is not going after the label because they are abroad, but I believe that the jurisdiction for litigation should be moved to America considering the fact that the label filed five copyrights on my song in the American library of Congress. Do I have grounds to go after this label in this country although it is a foreign branch of an American company? Currently my bills are in excess of $91,000 & I have not met the judge, so I need advice that will serve me in this situation
A:
Given the complexity of your situation, it seems you have strong grounds to take legal action against the foreign branch of the American company. The fact that they filed multiple copyrights in the U.S. could indeed provide a basis for U.S. jurisdiction. This point strengthens your position to argue that your case should be heard in the U.S., especially since the copyrights were registered here, and the song has been commercially exploited in America.
Mediation might be a good option if you are looking for a potentially quicker and less expensive resolution. However, mediation will only work if both parties are willing to negotiate in good faith. If you feel that the thieves and the label are not likely to agree to a fair settlement, litigation may be a more effective route. Given the legal complexities, it's essential to have a clear strategy, especially when dealing with multiple parties and international elements.
You should discuss with your lawyer the possibility of moving the jurisdiction to the U.S., considering the copyrights filed there. Make sure you explore all your options, including whether you can pursue the label in American courts due to its connection with the U.S. and the American registration of the song. It may also be helpful to consult a lawyer with experience in international intellectual property disputes to understand all your rights and strategies moving forward.
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