03/27/2021
More and more of my clients are dealing with a problem that goes back hundreds of years. BOOTLEGGING. And I'm not talking about making h***h in the woods, this is about unauthorized merchandise.
As more and more "do it yourself" selling and printing platforms have jumped onto the scene (red bubble, cafe press, zazzle, teepublic, etc.) bootleg merchandise has exploded. This hurts the artist who will never see a penny from that merchandise, and also hurts the fans who will receive an inferior shirt.
So you may be thinking, "Why not just sue the crap out of these sellers?" but the answer is more complicated than you may imagine. The vast majority of these sellers are from overseas and largely from countries that do not respect copyright law and lack treaties with the United States as such. Now you could sue the platform itself, but that is a big uphill battle that you are not guaranteed to win anyways.
The solution? DMCA takedowns. The Digital Millennium Copyright Act became law in 1998 and is still one of the best weapons against bootleg merch. The way that online service providers protect themselves from liability is by having a "notice and takedown" procedure in place. Sending these takedown notices is a powerful tool that you can use yourself to remove bootleg merchandise from sites and search results.
I teach all my clients the correct way to do these, and for bigger clients I get involved personally. For the largest of the acts I work with I've even been able to set them up with third-parties who do all the work themselves.
You owe it to yourself and to your fans to ensure that all merchandise available for sell is official and authorized. If you have any further questions please reach out to me ([email protected])
Welcome to Mantheiy Law Kurt Mantheiy (pronounced Man-Tie) is an entertainment, wills and business lawyer located in beautiful downtown Dallas, Texas. Offering a full range of legal services and payment options that are flexible for any budget. Kurt has over a decade of experience as a recording and...