This morning, I received the following e-mail from Amp's management....I wrote back letting them know I'd be happy to send a copy of the show (I try to send bands I tape a copy anyway) but I wasn't going to part with the master. Just wondering where I might stand on the issue of getting permission to tape from someone who wasn't authorized to give that permission (though I didn't know that):
At least here in Canada, when dealing with contract/agency law, if person A is acting on behalf of person B, it is generally held that if A "makes a deal" that a person in A's position would, by industry standards, normally be authorized to make, the contract will be binding. (i.e. if a purchasing agent for a pet store buys 300 bunnies, and the seller wasn't aware that this particular agent wasn't actually allowed to do that, the store would still have to buy the bunnies... they could maybe go after the _agent_ later, but the contract itself would typically be binding, UNLESS the third party was aware, or ought to have been aware, that A didn't actually have that authority.)
That being said, I'm not sure how that would apply in this case, except that it would be reasonable to assume that the band's sound engineer would know one way or the other about such matters. You HAD taken reasonable steps to obtain said permission prior to the show, too. But, I don't think it's worth a legal battle.
Send them a copy of the CD, don't bother distributing it, and chock it up to idiocy. Their management did a great job of trying to sound "professional" and "authoritative," but they tried too hard IMO. Being reasonable about such things, and actually reading what you wrote, would really help them a lot.
Disclaimer: I have no legal training per se, nor is the above intended as strict legal advice. This is, however, what my current "Business Law" textbook claims to be the case.
Topic: How to make a bootleg...without even trying (Read 6944 times)