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Content Scraping / Data Copying — company using my music without sync license

Started by confused_seller_NC · Oct 22, 2022 · 3,601 views · 6 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CS
confused_seller_NC OP

I'm dealing with a situation and need some guidance.

company using my music without sync license. I've been dealing with this for about 11 months now and the situation isn't improving.

This involves original creative work over the past 29 months. I do have documentation proving my ownership and timeline.

What's the typical outcome in situations like this?

SM
SeniorDevMike_PDX

I've seen this play out several times in my field.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

CE
confused_employee_MA

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

TS
throwaway_student_FL

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

HM
help_me_tenant_2026

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

TL
Mod_TermsLaw Moderator

I specialize in this area of law. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably the DMCA safe harbor provisions, which requires showing compliant with notice requirements.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

HC
HRManager_Chicago

Been there. Here's what I learned.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

IC
IndieMusician_Carlos

Found a company using three of my songs in their promotional videos on YouTube and their website. No sync license, no credit, no communication. I have the songs registered with ASCAP and have copyright registrations for two of the three.

Sent a cease and desist three weeks ago. They responded by removing the videos but refused to pay any licensing fees for the past 8 months they used the music. Their position: "We took it down, issue resolved." Is it?

EN
EntertainmentLaw_Natalie

No, the issue is NOT resolved by taking the content down. They infringed your copyright for 8 months. Removal stops future infringement but doesn't address past damages.

Your options for the two registered works:

  • Statutory damages: $750-$30,000 per work infringed (up to $150,000 per work if willful). Since you have registrations, you can elect statutory damages, which means you don't need to prove actual losses.
  • Actual damages + profits: What you lost (reasonable licensing fee) plus any profits they made attributable to the music use.
  • Attorney fees: Available for registered works, which makes contingency representation feasible.

For the unregistered work, you can still claim actual damages but not statutory damages or attorney fees. This is why registration matters — it's $65 and the difference between a strong case and a weak one.

Next step: have an entertainment attorney send a demand for licensing fees. Many of these cases settle for $5K-$15K per song used commercially.