The girl in Germany listed the CD as ‘Eric Clapton – Live USA’ on eBay for €9.95 (£8.45), with the disc containing an illegal copy of one his concert events in the ’80s.
Clapton’s group took correct motion against the lady and on Saturday (18 December) a Düsseldorf court docket ordered the lady to pay the correct costs for every and every parties, totalling £2,889.
The girl told the court docket her uninteresting husband offered the CD from a division retailer in the ’80s and she or he had no belief she was once committing copyright infringement.
The case of an gargantuan worldwide musician going after a apparently oblivious woman over eight quid drew popular condemnation, but Clapton’s administration comprise now issued a assertion defending him.
“It’s now not the procedure to specialise in other folks promoting isolated CDs from their gain sequence, but relatively the active bootleggers manufacturing unauthorised copies for sale,” the assertion acknowledged.
“Within the case of an individual promoting unauthorised devices from a private sequence, if following receipt of a ‘discontinue and desist’ letter the offending devices are withdrawn, any charges would be minimal, or would possibly maybe well very effectively be waived.
“Eric Clapton’s lawyers and administration group (in region of Eric in my plot) identifies if an merchandise offered for sale is illegal, and a declaration confirming that is signed, but thereafter Eric Clapton is now not alive to in any individual cases, and 95 p.c of the cases are resolved earlier than going to court docket.”
Clapton’s administration went on to show masks that the case in query most spirited went to court docket after the lady refused to comply, and 76-yr-outdated Clapton has no procedure of claiming the costs awarded to him.
The assertion persevered: “Had she outlined at the outset the elephantine details in a easy mobile phone name or letter to the lawyers, any deliver would possibly maybe well, had been waived, and charges kept far from.
“However, the individual appointed a attorney who appealed the injunction decision. The Desire encouraged the individual to withdraw the allure to place charges, but she proceeded. The allure failed and she or he was once ordered to pay the costs of the court docket and all the parties.
“However, when the elephantine details of this particular case came to gentle and it was once certain the individual is now not the form of person Eric Clapton, or his chronicle firm, want to specialise in, Eric Clapton determined now not to eradicate any further motion and would now not intend to catch the costs awarded to him by the Court docket.
“Additionally, he hopes the individual will now not herself incur any further charges.”