Re: Legality issues!!
 

Okay, I've been holding back but, this looks like a good time to ask about this.

I need some advise folks...

Background:

Back in March, I had just moved into a mobil home in the poor side of town and while out doing a show one night, sombody broke in and stole my lap-top computer, printer,/copier/scanner Ect..). (Not the computer I do my shows from thank goodness). However, that computer contained about 460 JPG images of face of every original CGD I owned. (At the time). This was intended to be used as evidence of ownership in the case that my originals ever got stolen. They COULD have stolen them but somehow missed them. I had no money to replace the equipment so, I just had to muddle along.... I moved out of that place the very next day and never went back.

Late May, my trailer, (that I haul my equipment around in, was broken into while I was doing a show. Fortunetly, I had my karaoke system, speakers ect.. with me in the bar. They got a cheap desktop computer that I had bought to replace the lap-top with and a few boxes of wires, connecters and adapers that I carried around just in case. (and a few other personal items). But they still missed my original karaoke CDG collection.

After haveing seen my Original karaoke CDG collection under risk twice, I dicided to get wise and hid them in a closet in the house I had moved into.

Exactly 7 days later, the house was broken into and they cleaned me of all the rest of my electronics, (TV's sterios, Microwave oven, etc...), but worse, THEY FOUND MY ORIGINAL KARAOKE CDG COLLECTION!!!!. Okay, just better than half of it. For some reason, they didn't take all of them. (Just most of them).

Back In Feburary, I had made images of the faces of the CDG's as evidence of ownership using my other lap-top and scanner. They were stolen in March. My originals were stolen in early June. (Guess where all the recripts were???), you guessed it, in a box in the same closet with the CD's. (Didn't used to be that way but, I was rushed to get the originals secured, (so I thought), from theft.

I filed an insurance claim which was denied because I had some friends living with me). The insurance company called them renters and denied the claim because I had not altered the policy to allow coverage as a "Rental Property". :e :e

I listed every stolen CDG's with the insurance company on my claim. Beyond this, which is lame, I have absolutly no way to PROVE that I ever owned the CD's in the first place. :m They can easily say that I LIED about owning the CD's that I reported stolen. My business is FINALLY starting to turn around but, until I can start earning enough money to start buying CD's again, it will be a long time before I will be able to replace all of them. (Or at least the ones I determine to be worth replaceing).

1. I DID, actually purchase these CDG's.
2. I got them from multiple sources but can't remember the names of ALL the sources.
3. I can probably get most of the Sources that I DO remember the names of to research there records and provide proof that I did purchase some CD's, don't know if they recorded "Which ones".
4. It's gonna take alot of time and money, (About $4,800), to re-purchase all those originals.

Here's my problem / question:

What do I do if "The Man", comes waltzing in with a warrent and a U.S. Marshall? :f :f :f

((S)he ain't getting squat without a U.S. Marshal. and a warent).


Have I had some BAD luck or what? :m

Re: Legality issues!!
 

You must be "Wild" Bill'. :g Sorry to hear such a sad story.

You are asking for some advice so here goes:
1. Move to a better part of town
2. keep your receipts and make sure the CDG manufacture & CD number is on each receipt.
3. Keep your receipts in a safe or safety deposit box.
4. Keep your CDG's in a safe storage facility if you have renters living with you and install an alarm system in your home.
5. Do your karaoke shows in a better part of town.
6. File a copy of your receipts and pictures of CDG's with your insurance company in advance.

I truly hope you have better luck in the future. :) I cannot imagine having this much bad luck in a lifetime.

Steve

Reminds me of the words "If I didn't have bad luck I'd have no luck at all"....
 

Man, my heart goes out to you. :s

Read the "published a report" link in our Is It Legal to Copy web page. We paid a Lawyer group that stands for Consumer's rights to do the research for us in WestLaw and NexusLexus legal databases. They came up that, based on past court cases and rulings, it is most certainly legal to copy your discs to a hard drive (and make back disc copies).

As you have identified, the problem is that you don't have proof of purchase any more. If I were you, RIGHT NOW... TODAY... (as in URGENT!!!!!!) I'd contact the distributors and producers you bought from, they can pull up your customer record and see what discs you bought, then print a new set of Packing Lists for you. I expect they know exactly which CDG discs you bought by Brand-DiscID number. That's the only way they can have a Warehouse staff pull the right product and send it to you.

MAKE SURE you keep all the Police Reports and Insurance Claims of the thefts. If it were me, I'd rent a Bank Lock Box and secure these reports in it... TODAY... LIKE WHY ARE YOU READING THIS??? :? :? :w If you have listed the CDG discs on those reports, that is a good start IF... "The Man" ever tried to take you to court.

The only time a Host (who was not outright copying and selling illegal discs) was taken to court, the Judge threw SC out of court because it basically was a frivilous suit. They will not likely try this again.

What normally happens is "The Man" demands the Host to sign an agreement to never make backup copies again. DO NOT SIGN THIS as it converts Copyright Law to Contract Law, and Contract Law is much easier to sue on. This is shear intimidation with only the "threat" of a law suit behind it. If you ARE CONFIDENT and you have NEVER EVER EVER copied a CDG disc you did not buy, then if ever brought into a Court, you can stand tall and look the Judge square in the eye and tell him you have never obtained a song illegally.

BTW: That goes for downloading mp3+g songs for free and converting them to .bin files and burning them to a CDG disc. That is illegal also! Think about it, if you do this even ONE TIME, you KNOW in your heart that you stole AND... you will NEVER forget that... EVER! :e :e :e You can never look a Judge in the eye and san I NEVER HAVE... after that. Don't EVER GIVE UP YOUR HONESTY OR YOUR INTEGRITY!!! :m You lose your HEART as soon as you do. :)

As to bringing in a US Marshall, to my knowledge... and I am not expert, but have talked to Sheriffs, and Attorney Generals in various states... who DO KARAOKE THEMSELVES, we have consistently heard that the US Marshalls come into play AFTER going to court and the Judge orders them to confiscate your equipment. I am all but positive that you will never see "The Man" come into your show with a US Marshall without your first having been in Court. You don't have to tell "The Man" anything. He is trespassing at your venue and the Bouncers there have every legal right to throw him out the door.

One Host who was harrassed by an ASCP Collector told "This Man" to INVOICE ME. "This Man" demanded immediate payment on the spot and prevented the show from continuing. The Bar Owner called the Sheriff, who immediately showed up and escorted "This Man" out of THE COUNTY!!! The Sheriff was not too happy with "an outsider" coming into His County and harrassing His Tax Base Customers. Get the picture? Follow the Money and you'll see who truly will take the time to harrass you. If you are above board in all your dealings, I'd be VERY suprised if you ever were even harrassed. DON'T feel guilty if you aren't. I repeat... DO NOT FEEL GUILTY IF YOU AREN'T!

CONFIDENT HONESTY RULES............ :w

Split to a separate thread
 

This really needs to have a "separate life" from the original "Legality issues" thread it was under.

I am sure others would like to see the answers to your delima, and this will make it more visible. Remember, we and our web site don't reveal your identity based on our Privacy Policy. :w

Re: What if my proof of purchase is stolen?
 

bdayton,

Just an idea for you. 99.9999% of my CDG's I have bought off of ebay. I also use Paypal for these transactions. They keep very good records that are easy to access if ever needed. But I agree with Steve about the lock box. I think I'm going to go ahead and make copies of these transactions and put away also.


Kelly

Re: Reminds me of the words "If I didn't have bad luck I'd have no luck at all"....
 

Snip

Somehow, I never got notified that my post had ever been replied too. I Stumbled upon it again today. :)

MUCH THANKS for the good advise and information! I have managed to get one letter from a local muisic store detailing the CD+G's that I bought there but havent approached any of the internet based folks as yet.

Guess I better get with it.... :)