This makes for more interesting reading.
FOR IMMEDIATE RELEASE ArtistPro Publishing Alleges Copyright Infringement in Lawsuit Filed in US Federal Court against David Hooper, IndieBiz.com and MusicBizBooks.com
Contact: Mike Lawson 707-554-1935, ext. 11
(Vallejo, CA) April 3, 2002 - In a lawsuit filed April 2, 2002 in the United States District Court for the Middle District of Tennessee, music industry print and video publisher ArtistPro alleges that David Hooper, who owns and operates the websites IndieBiz.com, MusicBizBooks.com, and Kathode Ray Music, illegally copied, re-packaged, claimed a new copyright to and distributed a music business contract library as his own original work that was originally published and copyrighted by ArtistPro in book and software form as The Complete Music Business Office.
In addition, ArtistPro alleges that Hooper made each of the files in the contract library individually available for paying subscribers to his other website, IndieBiz.com, and as of April 2, 2002 still used the same advertisement within the IndieBiz.com website detailing the contract library access as a feature and benefit of joining the subscription-based website.
The Complete Music Business Office has been in print under the MixBooks imprint since 1997, and was previously published as The Entertainment Source Library in software form and registered with the US Copyright Office in 1991. The book is available internationally in book and music instrument retail stores as well as dozens of Internet sites that sell products distributed by Hal Leonard Corporation (Milwaukee, WI), ArtistPro’s exclusive book and video distributor.
ArtistPro claims to have discovered in January 2002 that the legal library contents of The Complete Music Business Office’s CD-ROM had been repackaged and sold as an e-book titled KR Music Business Contract Library on Hooper’s MusicBizBooks.com website after purchasing the title from the site.
ArtistPro additionally claims to have discovered the other alleged violations of the work’s hundreds of pages of copyrighted materials on IndieBiz.com after the book’s author Greg Forest purchased a one-month subscription to the site, then reviewed and printed each page containing the allegedly infringed documents.
“The review of Mr. Hooper’s website and eBook title leads us to believe he used our work verbatim, right down to the exact same typos found in our software version of the contract library sold with The Complete Music Business Office,” states ArtistPro publisher and president Mike Lawson, “ArtistPro Publishing is sending a clear message that we cannot allow anyone to do what we believe to be wholesale, intentional infringement of our works without repercussions.”
The lawsuit alleges Hooper, who is also listed as a corporate officer and Director of Promotions for the Nashville New Music Conference, is in violation of United States Code 17 Section 106, which gives ArtistPro exclusive rights to reproduce the copyrighted works, prepare derivative works based on the copyrighted works, distribute copies and publicly display copies. In addition, the lawsuit alleges criminal violations of United States Code 17 Section 506 by Hooper’s alleged placement of a notice of copyright on ArtistPro’s copyrighted works with fraudulent intent of claiming it as his work in distributing the KR Music Business Contract Library.
It also alleges willful copyright infringement by Hooper for continuing to display and sell the works in question after demand was made to cease and desist by ArtistPro. The suit seeks to have Hooper permanently enjoined from falsely representing ArtistPro’s publications as his own, the impoundment and destroying of any computer files or hard copies related to the infringement, a complete accounting of all who either purchased the eBook or viewed the pages containing the allegedly infringed works, unspecified punitive damages, court costs and attorney’s fees as allowed by United States Code 17 Section 504 and by United States Code 17 Section 505.
ArtistPro Publishing is an operation of Artistpro.com, a California Limited Liability Company formed in March 2000 to create and manage traditional and new media publishing properties for the professional music and audio industry. ArtistPro Publishing produces ArtistPro Magazine, plus titles published under the MixBooks, EMBooks, MixVideo, ArtistPro Video/DVD, ProAudio Press, ProMusic Press and Recording Industry Sourcebook imprints.