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Topic: I Was Sued & ...

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So I was hired to VJ at a wedding in September of 09. We had signed a contract,
and everything was beautiful. Until the day of:

Upon my arrival 2 hours before the reception I was greeted by the banquet hall
manager who called me into his office, he proceeded to explain to me that
because of copyright laws I had to give him a copy of my hard drive and some
receipts of the places where I purchase my music & videos.
I explained to him that my business was legally registered, all my music is legally
purchased and that if the situation would arise where there was an issue with
copyright laws I had all the proper paperwork to resolve it.
We went back and forth until he got upset because I refused, he told me I was
not allowed to proceed with the event period!

I called the couple who hired me, explained the situation, everything got ugly!
So the couple decided to sue me! And I went to court on Friday.

The couple explained to the judge what had happened, I then had to tell my
story which was exactly the same. I showed my permits and receipts and the
judge ruled!

He told the couple that I had the right to refuse BECAUSE OF COPYRIGHT LAWS!
The couple told the judge that had I not refused their wedding would have been
perfect, and so what if the manager copied the HD EVERYONE IS DOING IT ONLINE!

I was awarded the rest of my money and now the couple would like me to testify
against the manager as they are going after him now....
 
Posted Sat 06 Feb 10 @ 3:03 pm
Fake.
 
dizzyrocks2001 wrote :
Fake.


I wouldnt completely dismiss it yet..
I too was thinking "huh?" at first.. mainly because if this actually happened, I'm a little suprised I didnt hear about.. (long story)

It does sound a little crazy, but if your aware with whats happeing with the AVLA, it makes a lot more sense..

djrasza wrote :

Upon my arrival 2 hours before the reception I was greeted by the banquet hall
manager who called me into his office, he proceeded to explain to me that
because of copyright laws I had to give him a copy of my hard drive and some
receipts of the places where I purchase my music & videos.


OK..

point 1: Fact: all digital DJ's (DJ's who use a computer) in Canada require an AVLA license.. Yes, their are now four places that you can lease digital music from, but untill very recently you could NOT run a wedding with the songs available.

point 2: Fact: the AVLA has been sending out letters to venues and halls explaining (and this is the really really short form of it) THAT IF ANY DIGITAL DJ PERFORMS AT THEIR VENUE WITHOUT LEGAL MUSIC THEY ARE ENDANGERING THEIR LIQUOR LICENSE.

so ya.. i'm a little suprised any venue manager would be that stupid to actually stop a DJ from playing..
the AVLA has specifically stated, that the venue is to "report" the DJ to the AVLA, and thats it.. not ruin someones wedding.

djrasza wrote :
He told the couple that I had the right to refuse BECAUSE OF COPYRIGHT LAWS!
The couple told the judge that had I not refused their wedding would have been
perfect, and so what if the manager copied the HD EVERYONE IS DOING IT ONLINE!



YES, a DJ has the right to refuse.. (that part makes sense).. No venue has the right to refuse entry to a legitimate business over "SUSPICIONS".. Innocent until proven guilty. Even an official AVLA inspector does NOT have the right to touch your stuff..
sooo.
the Manager fracked up by refusing entry.. but that has nothing to do with copyright laws,


this is the part that makes NO sense to me..
djrasza wrote :
so what if the manager copied the HD EVERYONE IS DOING IT ONLINE!

I really really dont think the judge said this.. and 2.) why is the manager copying your hard drive???
 
P.S.
I sent you a PM djrasza
 
Hmmmm

Its not a long post, but why dose it need to be?

One part that got me to attention was where you said you were asked to show receipts of your music. What if you purchased them all from iTunes or you've got the CD's at home?
 
this was not a week long dispute, this was small claims court, we were in there for no more than 20 minutes.
I think that the judge asked to see my paper work and recipts to prove the point to the couple that it was the right way to acquire music.
He looked through my binder full of receipts and read out loud HMV, Promo Only, and showed them a used itunes card that was there....

Hippydog: it was the couple that said "so what if the manager copied the HD EVERYONE IS DOING IT ONLINE!"
and no i did not let him copy the HD thats why i got sued...

the judge also pointed out that No public venue has the right to refuse entry to a legitimate business over suspicions thats why the couple is now wanting to go after the banquet hall...

and yes i am familiar with that organization, although I have never used myself...

dannyboy2005: as a matter of fact yes i do keep all my receipts, because im running a business and i claim all my expenses when i do my taxes.... this includes CDs recepits, credit card bills from online purchases, etc.
 
djrasza wrote :

Hippydog: it was the couple that said "so what if the manager copied the HD EVERYONE IS DOING IT ONLINE!"
and no i did not let him copy the HD thats why i got sued...
.

sorry, I was assuming the "copying of the hard drive" was some how a miscommunication..
IE: the manager just wanted to see what was actually on the hard drive..

but to actually recieve a copy? WOW..

OK.. now I understand..

You know what might have stopped him in his tracks?
If you had an AVLA license yourself, showing him your license, and then asking him that unless he shows YOU his License, you will be forced to report him to the AVLA..
trust me.. the AVLA doesnt do a lot of investigations.. but a venue STEALING music from DJ's.. now THAT they would be interested in..
 
djrasza wrote :
and yes i am familiar with that organization, although I have never used myself...


If you are Not AVLA licensed you are not Legally allowed to copy any music to any media format in Canada.

Cannot make cd copies for custom CD's, cannot copy to Harddrive, Cannot make Cassette dupes.

To operate in Canada as a DJ you MUST HAVE an AVLA license. Unfortunately you cannot get away from this one. You are setting yourself up for more legal woes if you do not have it.

Btw The AVLA are allowing the local Chapters of the C.D.J..A (Canadian disc jockey association) and A.A.M.E (Alberta Association of Mobile Entertainers) to help enforcement of AVLA compliance. In other words they are allowing venues and other performers to report DJ's who are using "Pirated Music". Pirated meaning Non-Original Duplicates.

Here is their Web Address:
http://www.avla2007.ca

I'd strongly suggest you get a license if you do not already have one.
 
I installed a home theater system in a VERY stern judge's house. He had the "everyone is dong it, you cant stop it" attitude about mp3's as well. I was quite surprised.
 
@DJ Marcel: I am AVLA licensed, but i did not go through AAME to get it...

Just to clear things up: This law suit was not about copyright laws, I was being sued because of a breech of contract, the judge made reference to copyright laws as a valid reason for me to refuse...
 
You're lucky having receipts for your CDs and iTunes downloads got you off the hook and that they didn't go after you for not having an AVLA license. If the AVLA was involved you would have been screwed for not having a hard drive license. And for the record, technically you are not allowed to have your Promo Only music copied to your hard drive.
 
i guess you did not read the post prior to your last that says that I do have an AVLA licence.... I dont think its luck to have proof of your expenses, i think its called covering your @$$ in case revenue canada wants to ask you questions about your taxes...
 


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