[Fredslist] Copyright infringement question

Justin Bonus justin.bonus at gmail.com
Thu Aug 1 11:45:29 EDT 2013


Gothamites:

This is for the IP experts:  I have a client who writes, produces and
directs his own independent films.  The contract with the company that
marketed and distributed the film for the client ended in about March of
2012.  The sell off period ended on January 29, 2013.  Besides the fact
that the distribution company has not paid the client since 2010 (there
were about $7-800 in sales in about 2 years), the distribution company
continued to sell and market the film.  In the sell off provision, the
distribution company must either sell the excess to our client or destroy
it.  Apparently, they did neither.  They are also still marketing the film
along side his other films, but just recently stopped selling it.  We know
we have contract claims, but I believe the distribution company is in
violation of the Copy Right Act and, additionally, the Lanham Act, due to
the fact that the distribution company is still using the film to market
the client's other films.  If anyone has any thoughts or suggestions as to
this scenario I would appreciate any feedback.

Many Thanks,

Justin Bonus, Esq.
Attorney at Law
35 Midbridge Drive
Medford, NJ 08055
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