The Mudcat Café TM
Thread #76500   Message #1359245
Posted By: Jimmy Twitcher
16-Dec-04 - 08:44 PM
Thread Name: recording rights
Subject: RE: recording rights
The studio *PROBABLY* doesn't have the right to sell the CD, but that depends on what your intent was when you entered into the contract (as determined by the court or finder of fact). BUT, assuming you're in the States (and further assuming that your state's civil procedure is similar to mine), to stop him you must: 1) send a "cease and desist" letter; 2) file a petition for a Temporary Restraining Order and Preliminary Injunction/Perminant Injunction, and then convince a court that your interpretation of the oral contract you entered into should be interpreted as you wish.

To do this, you'll almost certainly need a lawyer who knows what he/she's doing, as the whole process can be very expensive. You have to ask yourself if its worth the money to pursue. See a lawyer who practices "IP" (intellectual property) law for more advise. While IAAL, I don't practice in IP.

An all due respect to Mr. Goldwyn, oral contracts ARE valid and enforcable, so be careful.