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I have heard so much about all of the karaoke operators out there that use unlicensed/illegal music. I know that I face stiff competition from these operators, and it seems as if everyone I report it to simply turns their back on me.
My question: Has anyone ever thought about suing these companies for gaining and unfair business practice? I took 2 Business Law classes and everything I read seemed to indicate that KJ's could take the matter into their own hands.
I also wondered how would I be able to prove that they had illegal music. After all, what KJ would let someone audit their library if they had unlicensed music.
posted
If you are going to small claims court, you are on your own in gathering evidence. If your damages are above the small claims limit, then you will need to hire an attorney.
Once your suit is filed with the court and the other party has been served, you would go through the discovery process.
In the discovery process, you would subpoena the business records of the other party. The other party will then be required to produce their records or face court sanctions.
Likewise, they can also subpoena you for any information that you have against them. For instance, if you hired a private investigator to dig up some dirt, you would have to show them what was found.
After the attorneys go over the records, they can recommend settling. Or if it goes further, the next step would be depositions.
In a deposition, each side produce their witnesses and get questioned by the opposing attorneys. There is no judge present at this point.
After depositions, the attorneys go over all the testimony and either recommend settling or, if they cannot agree, going to trial.
Posts: 1028 | From: San Francisco, CA, USA | Registered: Jul 1999
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posted
I would think it would be impossible for a legit KJ to show that a non-ligit KJ took business from them. Getting a bar owner to say that they hired one KJ over another due to price and proving the price difference is related to discount illegal music purchases would be next to impossible.
Even if you could, it would be totally impossible to establish a back rate for a settlement.
Posts: 71 | Registered: Mar 2006
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mr. boo i agree with you! sadly small one owner kj's dont stand a chance and with the money one would have to spend to try and win would be enormous. I have talked with other Ligit karaoke owners about a class action but when it comes down to it none of them really want to go forward. Thus the big (alleged) pireting karaoke company's win again!
Posts: 5 | From: sa tx | Registered: Sep 2010
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