On Wednesday, the Düsseldorf Regional Court approved an injunction brought by the 76-year-old blues musician in the interim proceedings. Accordingly, the 55-year-old is no longer allowed to offer the double CD for a Clapton concert from 1987 for just under ten euros on the auction platform Ebay. Otherwise, you could face a fine of up to 250,000 euros, the court said.
The 55-year-old found the double CD after the death of her ex-husband during the dissolution of the household and put it up for purchase on Ebay for 9.95 euros. Clapton’s lawyers had the auction stopped because it was an illegal recording. In vain did the woman argue in court that she could not have suspected the possible copyright infringement. Her husband bought the CD legally in a supermarket.
Woman wants to go on complaining
That does not play a role in the proceedings, so the court. In copyright law, only the infringement counts. Despite the high legal costs, the woman still wants to continue to sue, as her lawyer said. If necessary, an expert would have to clarify whether the recording of the USA concert really appeared without the authorization of Eric Clapton.
If the 55-year-old loses, it will be expensive for her. So far, according to calculations by your lawyer, over 3400 euros in dunning fees, lawyer and court costs have been incurred in the dispute. If an expert is called in and it comes to the main proceedings, the fees increase many times over.
Source: Nachrichten
