The Sweet Taste Of Defeat: Band Must Pay Legal Fees For Lawsuit Over One Used CD On eBay

From The Daily Mail:

Austrian man was ‘flabbergasted’ when he received bill for €2,000 and legal letter accusing him of breaching musician’s copyright

When he refused guitarist Andy Scott filed an injunction stopping the sale and demanding €36,000 in compensation

After a five-year legal battle, the Austrian high court has ruled in favour of Dietmar Huber saying it was a private sale and no crime was committed

Sweet guitarist Andy Scott has been landed with a £50,000 bill after suing an Austrian for damages for selling one of the Seventies glam rock band’s CDs on eBay for less than £1.

Dietmar Huber from Nüziders in Vorarlberg, western Austria, was shocked when he received a letter from a German lawyer accusing him of breaching the British group’s copyright.

He said he was ‘flabbergasted’ when he got a bill for €2,000 from Mr Scott after selling the album for one euro (about 80p).

Sweet FA: Andy Scott, the guitarist with glam rock band The Sweet (shown here in an old promotional shot), has been landed with a £50,000 bill after suing an Austrian for damages for putting one of the group’s CDs on eBay

Mr Huber added: ‘When I refused [he] took me to court filing an injunction stopping me from selling the used CD and demanding €36,000 in compensation.’

The original claim was that the album, called The Legend Lives On, was not genuine and had been downloaded off the internet.

But later, after it had been proved that it was authentic, Mr Scott then claimed he owned copyright on the name and that Mr Huber did not have the right to sell the CD because that infringed his rights.

He was not getting any money and had not authorised the sale and therefore it was illegal, he claimed.
Mr Scott took the case all the way to the Austrian OGH high court.

Now, after a five-year legal battle, the OGH has ruled in favour of the man from Vorarlberg, saying no crime was committed.

Continue reading the rest of the story on The Daily Mail