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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118686
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Please tell me:1. What probably happened to me to get me

Customer Question

Please tell me:
1. What probably happened to me to get me into my situation;
2. Who could have put me in the situation;
3. How can I find out who put me in the situation;
4. How can I get out of the situation;
5. How easily can I be put in the situation again;
6. Good lawyers or ... to seek, I live in Burlington, NC;
My situation is show here: www.donationto.com/wiretapping
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you asking about your situation with being sued for copyright infringement for using a song you supposedly bought rights from?
Do you have written proof you bought the rights from the person claiming they had the rights?
Customer: replied 2 years ago.
I am not in the business; I am asking questions to learn what to do if I shall go into it. Yes I would be asking a question about my own situation and yes I would have proof I bought the rights from the person. But what kind of proof would I need to definitely protect myself? And how do I go about protecting myself?
Customer: replied 2 years ago.
By the way you submitted you answer to the wrong answer section (question).
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. It is in the proper section, as those sections are more for statistical purposes. I understand your intellectual property issue and am in IP attorney.
First off, if you bought rights to a song then you need to have proof of that purchase of rights in writing. If you purchased the rights from someone you in good faith believed owned those rights and you had no reason to believe otherwise, you are not going to end up liable for violating the copyright for using or distributing the song or material. The person who sold you the rights would be liable to the real owner of the rights.
Second, if you are found to be violating the copyrights because you purchased from someone who misrepresented their rights and could not sell them to you, the court would penalize you by stopping you from continuing to use or sell the infringing material, but monetary damages are not likely against you, they would pursue the 3rd party who sold them to you.
The proof required is a contract stating that the person who sold you the rights is the owner of the song and that they have sold you the rights to use the song or distribute the song as you choose and it needs to be signed by the seller. That really is the only proof you could have.
As far as who may have reported you, there are companies that search for infringement and also someone may have seen it and notified the true owner, there is no way to really know unless they tell you.
You can get out of the situation with proof that you were the victim of a fraud if the person who sold it to you had no rights to sell it.
As far as attorneys, you are going to need to find an attorney in one of the major cities near you who specializes in intellectual property and you are not likely to find one in your small town. You can find one at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
If you are truly an innocent user/purchaser, then you should be able to get out of this and sue the person who sold it to you for damages.
Customer: replied 2 years ago.
Your answer is to the wrong question. This is the actual question for this set: Please tell me: 1. What probably happened to me to get me into my situation; 2. Who could have put me in the situation; 3. How can I find out who put me in the situation; 4. How can I get out of the situation; 5. How easily can I be put in the situation again; 6. Good lawyers or ... to seek, I live in Burlington, NC;
My situation is show here: www.donationto.com/wiretapping
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply, it was certainly not clear really what it pertained to. Please accept my apology for misunderstanding you. However, you have an answer now to your other question as well.
Now for this wiretapping issue.
Legally they are not supposed to wiretap you without a warrant to do so based on the information you provided it is not likely they have one.
If you have proof of the wiretapping, then the parties involved can be sued to stop the wiretapping and also to pay you damages from their illegal invasion into your privacy.
The type of evidence required is going to be evidence of the wiretapping from a private investigator who specializes in such investigations or you will need proof of how they are actually wiretapping you from witnesses who can testify to firsthand knowledge that the wiretap exists.
Any criminal charges would be up to the US Attorney or the local DA, so you can present your evidence to the US Attorney and also the DA in your area.
As far as an attorney to handle this matter near you, that answer remains the same, you need to get out of your small town and you need to get an attorney who handles civil rights law in one of the nearby larger cities in NC at the sites I already provided to you.
To prevent this again, using prepaid cell phones and/or phones in your name would be the best way to avoid being wiretapped or intercepted.