News of public menace Eric Clapton suing a woman who sold one $11 bootleg CD for copyright infringement hasn't exactly been putting the famed guitarist in the greatest light — but then again, neither have his vocal opposition of vaccine mandates and COVID testing for concerts, lockdowns (via "protest" songs with Van Morrison and the like), as well as the pandemic's legitimacy in general.
In an attempt to do damage control, Clapton's management has now released a new statement on the musician's recent court victory against the 55-year-old German woman who put her late husband's copy of Eric Clapton — Live USA for sale on eBay, reportedly not knowing that the '80s recording was bootlegged.
"Eric Clapton's lawyers and management team (rather than Eric personally) identifies if an item offered for sale is illegal, and a declaration confirming that is signed, but thereafter Eric Clapton is not involved in any individual cases," reads the statement, attempting to absolve Clapton's reputation of any possible tainting.
"This case could have been disposed of quickly at minimal cost," the briefing elaborated, "but unfortunately, in response to the German lawyers' first standard letter, the individual's reply included the line (translation): 'Feel free to file a lawsuit if you insist on the demands.' If the individual had complied with the initial letter, the costs would have been minimal."
As per Clapton's injunction, the defendant will have to pay $3,825 USD in legal fees on behalf of both parties, and could face six months in prison or fines of up to $281,180 USD if she continues to offer the CD for sale.
In a separate statement made to The Guardian, Clapton's manager Michael Eaton explained: "Costs are usually minimal unless the case is argued in court, which is what happened here as the lady instructed her own lawyers. Now that the full facts of this particular case have come to light, the intention is that the formal German proceedings will not be pursued any further."
"When the full facts of this particular case came to light and it was clear the individual is not the type of person Eric Clapton or his record company wish to target, Eric Clapton decided not to take any further action and does not intend to collect the costs awarded to him by the Court," today's statement continued, adding: "Also, he hopes the individual will not herself incur any further costs."
Read the full statement made by Clapton's management via his website below.
Given the widespread and often misleading press reports about a recent bootleg case involving a woman in Germany, the following provides clarification to set the record straight.
Germany is one of several countries where sales of unauthorized and usually poor-quality illegal bootleg CDs are rife, which harms both the industry and purchasers of inferior product. Over a period of more than 10 years the German lawyers appointed by Eric Clapton, and a significant number of other well-known artists and record companies, have successfully pursued thousands of bootleg cases under routine copyright procedures.
It is not the intention to target individuals selling isolated CDs from their own collection, but rather the active bootleggers manufacturing unauthorized copies for sale. In the case of an individual selling unauthorized items from a personal collection, if following receipt of a "cease and desist" letter the offending items are withdrawn, any costs would be minimal, or might be waived.
Eric Clapton's lawyers and management team (rather than Eric personally) identifies if an item offered for sale is illegal, and a declaration confirming that is signed, but thereafter Eric Clapton is not involved in any individual cases, and 95% of the cases are resolved before going to Court.
This case could have been disposed of quickly at minimal cost, but unfortunately in response to the German lawyers' first standard letter, the individual's reply included the line (translation): "feel free to file a lawsuit if you insist on the demands". This triggered the next step in the standard legal procedures, and the Court then made the initial injunction order.
If the individual had complied with the initial letter the costs would have been minimal. Had she explained at the outset the full facts in a simple phone call or letter to the lawyers, any claim might, have been waived, and costs avoided.
However, the individual appointed a lawyer who appealed the injunction decision. The Judge encouraged the individual to withdraw the appeal to save costs, but she proceeded. The appeal failed and she was ordered to pay the costs of the Court and all of the parties.
However, when the full facts of this particular case came to light and it was clear the individual is not the type of person Eric Clapton, or his record company, wish to target, Eric Clapton decided not to take any further action and does not intend to collect the costs awarded to him by the Court. Also, he hopes the individual will not herself incur any further costs.
Eric Clapton Management
22nd December 2021
In an attempt to do damage control, Clapton's management has now released a new statement on the musician's recent court victory against the 55-year-old German woman who put her late husband's copy of Eric Clapton — Live USA for sale on eBay, reportedly not knowing that the '80s recording was bootlegged.
"Eric Clapton's lawyers and management team (rather than Eric personally) identifies if an item offered for sale is illegal, and a declaration confirming that is signed, but thereafter Eric Clapton is not involved in any individual cases," reads the statement, attempting to absolve Clapton's reputation of any possible tainting.
"This case could have been disposed of quickly at minimal cost," the briefing elaborated, "but unfortunately, in response to the German lawyers' first standard letter, the individual's reply included the line (translation): 'Feel free to file a lawsuit if you insist on the demands.' If the individual had complied with the initial letter, the costs would have been minimal."
As per Clapton's injunction, the defendant will have to pay $3,825 USD in legal fees on behalf of both parties, and could face six months in prison or fines of up to $281,180 USD if she continues to offer the CD for sale.
In a separate statement made to The Guardian, Clapton's manager Michael Eaton explained: "Costs are usually minimal unless the case is argued in court, which is what happened here as the lady instructed her own lawyers. Now that the full facts of this particular case have come to light, the intention is that the formal German proceedings will not be pursued any further."
"When the full facts of this particular case came to light and it was clear the individual is not the type of person Eric Clapton or his record company wish to target, Eric Clapton decided not to take any further action and does not intend to collect the costs awarded to him by the Court," today's statement continued, adding: "Also, he hopes the individual will not herself incur any further costs."
Read the full statement made by Clapton's management via his website below.
Given the widespread and often misleading press reports about a recent bootleg case involving a woman in Germany, the following provides clarification to set the record straight.
Germany is one of several countries where sales of unauthorized and usually poor-quality illegal bootleg CDs are rife, which harms both the industry and purchasers of inferior product. Over a period of more than 10 years the German lawyers appointed by Eric Clapton, and a significant number of other well-known artists and record companies, have successfully pursued thousands of bootleg cases under routine copyright procedures.
It is not the intention to target individuals selling isolated CDs from their own collection, but rather the active bootleggers manufacturing unauthorized copies for sale. In the case of an individual selling unauthorized items from a personal collection, if following receipt of a "cease and desist" letter the offending items are withdrawn, any costs would be minimal, or might be waived.
Eric Clapton's lawyers and management team (rather than Eric personally) identifies if an item offered for sale is illegal, and a declaration confirming that is signed, but thereafter Eric Clapton is not involved in any individual cases, and 95% of the cases are resolved before going to Court.
This case could have been disposed of quickly at minimal cost, but unfortunately in response to the German lawyers' first standard letter, the individual's reply included the line (translation): "feel free to file a lawsuit if you insist on the demands". This triggered the next step in the standard legal procedures, and the Court then made the initial injunction order.
If the individual had complied with the initial letter the costs would have been minimal. Had she explained at the outset the full facts in a simple phone call or letter to the lawyers, any claim might, have been waived, and costs avoided.
However, the individual appointed a lawyer who appealed the injunction decision. The Judge encouraged the individual to withdraw the appeal to save costs, but she proceeded. The appeal failed and she was ordered to pay the costs of the Court and all of the parties.
However, when the full facts of this particular case came to light and it was clear the individual is not the type of person Eric Clapton, or his record company, wish to target, Eric Clapton decided not to take any further action and does not intend to collect the costs awarded to him by the Court. Also, he hopes the individual will not herself incur any further costs.
Eric Clapton Management
22nd December 2021
