Eric Clapton Wins Bootleg CD Against German Woman – Billboard

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A German woman was ordered to pay nearly $ 4,000 for trying to sell an Eric Clapton bootleg CD on eBay, according to a report on the German website. DW. But after facing widespread condemnation online, Clapton’s management team now say the musician will not pursue his due.

The 55-year-old, identified in court documents as Gabriele P., claims to have inherited the bootleg CD Eric Clapton – Live in USA from her late husband’s estate, who bought it at a department store in 1987. But after listing it on eBay for € 9.95 ($ 11.27), Clapton’s attorneys issued an affidavit before the Düsseldorf regional court declaring that the CD was illegal. The court ultimately issued an injunction prohibiting the woman from selling the CD online and ordering her to pay € 3,400 ($ 3,852) in legal fees for both parties.

But in a declaration issued to the Clapton online fan club on Wednesday (December 22) – designed to respond to what it says are “widespread and often misleading press reports” on the case – Clapton management said neither the musician nor his record company would not attempt to collect.

“When all the facts of this particular case came to light and it was clear that the individual was not the type of person Eric Clapton, or his record company, wanted to target, Eric Clapton decided not to take no further action and has no intention of recovering the costs awarded to him by the Court, “the statement read. additional costs. “

The statement makes a point of noting the rampant sales of illegal contraband CDs in Germany, adding that lawyers for Clapton, as well as other artists and record labels, “have successfully prosecuted thousands of contraband cases. under routine copyright proceedings “in the country over the past decade. He goes on to say that “the intention is not to target individuals selling isolated CDs from their own collection, but rather active bootleggers making unauthorized copies for sale”, and that “95%” of individual cases regarding Clapton’s bootlegs are resolved before going to court.

“This case could have been settled quickly at minimal cost, but unfortunately in response to the first standard of German lawyers [cease-and-desist] letter, the individual’s response included the line: “Please take legal action if you insist on the demands,” the statement continued. “This triggered the next stage of standard legal proceedings, and the court then issued the initial injunction order.”

Following the court injunction, the statement claims the woman appointed a lawyer to appeal the decision – and that she persisted even after the judge handling the case encouraged her to withdraw it to save costs. The appeal ultimately failed and the woman was ordered to pay the full amount.

With online convictions De Clapton crackdown over reports of the injunction, the statement does everything possible to keep the musician out of the case, just the “Clapton lawyers and management team (rather than Eric personally) identify whether an item offered for sale is illegal, and a statement confirming that it is signed, but thereafter Eric Clapton is not involved in any individual case.

If the woman continues to offer the CD for sale, she faces a fine of € 250,000 ($ 283,074) or six months in prison, depending on DW.



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