Funkmaster Posted April 14, 2011 Share Posted April 14, 2011 Hello lowdowners The Welsh T Band have recieved the following email purporting to be from the publisher and legal representative of the late Tommy Tucker's estate. [i]We are DELO'Music Entertainment Publishing Administration Group LLP (DEPAG, LLP), publisher for all intellectual property masters, soundrecordings, works for the Robert Higginbotham/Tommy Tucker estate. Please comply with the letter to "cease and disist" using our works without applying for a license through DEPAG, LLP. Thank you! [u][b]CEASE & DESIST[/b][/u] Dear Welsh T Band Members and Legap Representative It has come to our attention that you have made an unauthorized use of our copyrighted wort entitled [b]"Hi(gh) Heel(ed) Sneakers" [/b](the "work") in the preparation of a work derived therefrom. We have reserved all rights in the Work, first published in 1963/4, and have registered copyright therein. Your work entitled [b]"High Heel Sneakers"[/b] is essentially identical the Work and clearly used the Work as its basis. (Words and music) As you neither asked for nor recieved permission to use the Work as the basis for [b]"High Heel Sneakers"[/b] nor to make or distribute copies, including electronic copies, digital copies, physical copies of same, we believe you have willfully infringed my rights under 17 U.S,C, Section 101 et seq, and could be liable for statutory damages as high as $150,000 as set forth in Section 5044©(92) therein. We demand that the [b]Welsh T Band [/b]immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, digital copies and physical copies of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of our rights in teh future. If we have not recieved a response from you by April 25 2011 indicating that you have fully complied with these requirements, we shall take further action against you. Kind regards Richard Higginbotham DEPAG, LLP 220 montgomery Avenue Suite 133 Springfield, Ohio 45506[/i] High Heeled Sneakers is often part of our live set - I had, mistakenly perhaps always believed the venue's PRS license covered the songs played there. It was also on a live CD that we used to give to venues to try to get more work. A few fans got copies of the CD too. The only other place I know there's a Welsh T Band version is on YouTube. it was filmed and posted by someone who was in the audience. I've no idea who and it's not something we have a hope of controling ourself. (And YouTube have license agreements too - I know that thanks to the PRS cheques I get every three months for people who use my published "works"! A bit spooked about this. I've asked the Musician's Union for advice - but I wondered if anyone here had any experience of anything similar and how it was resolved. Thanks for any info David Quote Link to comment Share on other sites More sharing options...
thisnameistaken Posted April 14, 2011 Share Posted April 14, 2011 Play your own songs, that will teach them. I'd never even heard of this song until just now. Quote Link to comment Share on other sites More sharing options...
toneknob Posted April 14, 2011 Share Posted April 14, 2011 [quote name='Funkmaster' post='1199116' date='Apr 14 2011, 10:18 AM']We demand that the [b]Welsh T Band [/b] ... deliver to me, if applicable, all unused, undistributed copies of same[/quote] Download every version of High Heeled Sneakers you can find from soulseek or similar. Email the mp3s to them one at a time. Quote Link to comment Share on other sites More sharing options...
cetera Posted April 14, 2011 Share Posted April 14, 2011 You can pretty much play what you like 'live' and put it on CDs that are given away free for 'promo'. It's only if you sell 'product' with the recording on that you will get into murky waters.... For clarification ring PRS Membership Dept or continue your contact with the MU..... Quote Link to comment Share on other sites More sharing options...
cetera Posted April 14, 2011 Share Posted April 14, 2011 [quote name='Funkmaster' post='1199116' date='Apr 14 2011, 10:18 AM']High Heeled Sneakers is often part of our live set - I had, mistakenly perhaps always believed the venue's PRS license covered the songs played there.[/quote] It [b]is[/b] covered under the PRS licence. Quote Link to comment Share on other sites More sharing options...
BigRedX Posted April 14, 2011 Share Posted April 14, 2011 (edited) The MU will give you the best advice. From my understanding the problem has arisen because the sender of the letter thinks that you are passing off your cover (you are doing it as a cover and not as a derivative work? - have you changed the lyrics at all?) as an original work because the title is different. Also you're not supposed to sell CDs with cover versions on them without paying the appropriate MCPS fees. Have you done this? Edited April 14, 2011 by BigRedX Quote Link to comment Share on other sites More sharing options...
Machines Posted April 14, 2011 Share Posted April 14, 2011 They're in the US, right ? Can't see them travelling over to appear in court. I'd just appease them verbally and carry on playing it. Quote Link to comment Share on other sites More sharing options...
misrule Posted April 14, 2011 Share Posted April 14, 2011 I reckon it's a joke -- there are too many spelling errors. And there's very little mention of that company online. It might be worth researching who really owns the rights to that song. Cheers Mark Quote Link to comment Share on other sites More sharing options...
wateroftyne Posted April 14, 2011 Share Posted April 14, 2011 If they're bothered about the version that's on YouTube, it's fairly easy for them to have it removed. But they have to do that. Other than that... as you were. There are bigger fish to fry...* *Disclaimer - I'm not a music lawyer. Quote Link to comment Share on other sites More sharing options...
ShergoldSnickers Posted April 14, 2011 Share Posted April 14, 2011 (edited) For a heart palpitating second I thought it said: High Heeled [b]Snickers[/b] I shall be issuing a formal denial through the usual channels. Now then.... Clifford K.... Clifford L.... Ah yes, Clifford M..... Edit: PS - on the face of it, it doesn't look like there is anything major to worry about. Getting advice from the MU is a good idea, and it may be worth politely asking the issuers to prove ID and that they have authority to issue the notice. Hope it all turns out OK. Edited April 14, 2011 by ShergoldSnickers Quote Link to comment Share on other sites More sharing options...
neepheid Posted April 14, 2011 Share Posted April 14, 2011 Say that you'll cease and desist when they learn to spell. Quote Link to comment Share on other sites More sharing options...
skankdelvar Posted April 14, 2011 Share Posted April 14, 2011 (edited) I think BigRedX has nailed the point. The legal beagle obviously thinks you've ripped off the song to use it as the basis for an original. It strikes me as rather odd that in his view your version is - "essentially identical". Has he never heard of 'cover versions'? I think that this point should be put to him in a friendly sort of way, along with refs to UK law in re Promo CD's and an assurance that yours is in no way an original nor does it claim to be. Once he's accepted this, solicit his permission to use his observations as a testimonial - e.g. [quote][b]"Your version ... of Hi-Heel Sneakers ... is essentially identical"[/b] - Richard Higginbotham for the Tommy Tucker Estate[/quote] Everyone's a winner, baby! Edited April 14, 2011 by skankdelvar Quote Link to comment Share on other sites More sharing options...
SteveK Posted April 14, 2011 Share Posted April 14, 2011 (edited) Just to clarify - You are a band doing gigs and Hi Heel Sneakers is part of your setlist...that's it? I do find the email a little strange. Half the bands in the world have played this song at sometime or other. I certainly wouldn't "appease them verbally and carry on playing it." In my experience, it doesn't pay trying to be smart. Edited April 14, 2011 by SteveK Quote Link to comment Share on other sites More sharing options...
Mykesbass Posted April 14, 2011 Share Posted April 14, 2011 According to the BMI website, these are the publishers: [url="http://repertoire.bmi.com/title.asp?blnWriter=True&blnPublisher=True&blnArtist=True&page=1&keyid=564186&ShowNbr=0&ShowSeqNbr=0&querytype=WorkID"]http://repertoire.bmi.com/title.asp?blnWri...uerytype=WorkID[/url] As others have said, if you are performing the song and reporting it to PRS then there should be no problem. Selling it will become an issue. The only other thing they can give you hassle about is making changes to the song - which they may feel you have by altering the title. Not a music lawyer but worked on the licensing side in record companies for many years. Quote Link to comment Share on other sites More sharing options...
stevie Posted April 14, 2011 Share Posted April 14, 2011 If memory serves, High Heeled Sneakers is itself a worthless and totally derivitive song - just another reworking of a standard 12-bar blues. If I could be bothered, I bet I could find half a dozen earlier works that are indistinguishable. I wonder how much that lawyer's letter cost. Still, I find it quite wonderful that little Tommy Tucker is threatening to sue you! You'll be able to tell that story to your grandchildren. Quote Link to comment Share on other sites More sharing options...
Earbrass Posted April 14, 2011 Share Posted April 14, 2011 (edited) [quote name='stevie' post='1199296' date='Apr 14 2011, 12:36 PM']Still, I find it quite wonderful that little Tommy Tucker is threatening to sue you! You'll be able to tell that story to your grandchildren.[/quote] You shouldn't mock - he was a true pro of the old school, having to sing for his supper if the reports are to be believed. Further, his efforts would often secure him only a very modest meal of white bread and butter. Unable to afford even a knife with which to cut said meal, it is possible that his poor financial prospects were responsible for his failure to find a wife. Edited April 14, 2011 by Earbrass Quote Link to comment Share on other sites More sharing options...
razze06 Posted April 14, 2011 Share Posted April 14, 2011 Can I get sued too? Please? [url="http://www.youtube.com/watch?v=nUu9O5KobDg"]http://www.youtube.com/watch?v=nUu9O5KobDg[/url] Quote Link to comment Share on other sites More sharing options...
Conan Posted April 14, 2011 Share Posted April 14, 2011 [quote name='misrule' post='1199156' date='Apr 14 2011, 10:42 AM']I reckon it's a joke -- there are too many spelling errors.[/quote] Dunno about it being a "joke", but it certainly doesn't read like it was written by any decent (sic) lawyer. The confusion seems to have stemmed from the (perceived) change to the title. They call it "High Heeled Sneakers", you call it "Hi Heel Sneakers". Potayto/Potarto... Maybe they think that you are trying to rip them off by selling copies of a song that is clearly (in their eyes) bearing a title too close to theirs... As far as what to do about it? I think you are right to seek further clarification from those "in the know". Quote Link to comment Share on other sites More sharing options...
Gust0o Posted April 14, 2011 Share Posted April 14, 2011 Can I just note that, when you Google DEPAG LLP or "DELO'Music Entertainment Publishing Administration Group", this thread is the third highest entry. I found two quick entries, one for a Rick Hick who was their CEO until 2008 and this Richard Higginbotham chap, who is now listed as a 'publisher' with said organisation. I have never known a professional organisation to maintain such a low profile. Searching the address brings back the 'Grayhill Apartments', of which 'Suite 133' appears to be a number. I trust the neighbourhood looks better in the flesh, as Streetview merely dims it's glammer. Make of it what you will. Quote Link to comment Share on other sites More sharing options...
skankdelvar Posted April 14, 2011 Share Posted April 14, 2011 (edited) [quote name='Gust0o' post='1199394' date='Apr 14 2011, 01:44 PM']I found two quick entries, one for a Rick Hick who was their CEO until 2008 and this Richard Higginbotham chap, who is now listed as a 'publisher' with said organisation.[/quote] It would defy belief that Mr Rick Hick and Mr Richard Higginbotham are in any way the same person. Or that DEPAG LLP does not occupy a sizeable operating footprint within Suite 133, Grayhill Apartments. For some reason I am reminded of 'Ozymandias' by Mr Percy Bysshe Shelley. Edited April 14, 2011 by skankdelvar Quote Link to comment Share on other sites More sharing options...
Gust0o Posted April 14, 2011 Share Posted April 14, 2011 Skank, to my heart - look upon Grayhill Apartments, ye cover bands, and despair! Quote Link to comment Share on other sites More sharing options...
JTUK Posted April 14, 2011 Share Posted April 14, 2011 Take it off the CD.. as a song you aren't missing much. Tell them that is what you have done and it is covered by PRS. Tell them this in as many little snippets of info as you can..as it will use up quite a few lawyers letters their side. Quote Link to comment Share on other sites More sharing options...
Gust0o Posted April 14, 2011 Share Posted April 14, 2011 [quote name='JTUK' post='1199489' date='Apr 14 2011, 02:59 PM']Tell them this in as many little snippets of info as you can..as it will use up quite a few lawyers letters their side.[/quote] If they were using an external lawyer, why not - it appears they're representing themselves, however. Quote Link to comment Share on other sites More sharing options...
fatback Posted April 14, 2011 Share Posted April 14, 2011 (edited) [quote name='JTUK' post='1199489' date='Apr 14 2011, 02:59 PM']Take it off the CD.. as a song you aren't missing much. Tell them that is what you have done and it is covered by PRS. Tell them this in as many little snippets of info as you can..as it will use up quite a few lawyers letters their side.[/quote] +1 The essence seems to be that you're ok for PRS playing live, and perhaps using as a demo (as long as it's very narrowly defined distribution, ie to promoters). But, if you've recorded the song and distributed it, you need mechanical rights via MCPRS, and that you don't have. All you need to do is deny that you ever distributed recorded versions other than for promotional purposes. You have no copies left. Edited April 14, 2011 by fatback Quote Link to comment Share on other sites More sharing options...
Jean-Luc Pickguard Posted April 14, 2011 Share Posted April 14, 2011 I've lost count of the number of times I've played that song at a Jam night as its a favourites of one of the singers who regularly turns up and puts together an impromptu band. I always preferred Sugarpie DeSanto; Low Heel Slip in Mules Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.