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Eric Clapton To Waive Legal Costs Against Woman Who Tried To Sell Bootlegged CD

Eric Clapton To Waive Legal Costs Against Woman Who Tried To Sell Bootlegged CD

The musician drew criticism for going after the woman, but his management claim all is not as it seems

Eric Clapton will waive the legal costs against a woman who tried to sell a bootleg CD of one of his concerts.

The woman 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 concerts in the '80s.

Clapton's team took legal action against the woman and on Saturday (18 December) a Düsseldorf court ordered the woman to pay the legal fees for both parties, totalling £2,889.

The woman told the court her late husband bought the CD from a department store in the '80s and she had no idea she was committing copyright infringement.

Clapton's management said he won't claim the costs awarded to him.

The case of a huge international musician going after a seemingly oblivious woman over eight quid drew widespread condemnation, but Clapton's management have now issued a statement defending him.

"It is not the intention to target individuals selling isolated CDs from their own collection, but rather the active bootleggers manufacturing unauthorised copies for sale," the statement said. 

"In the case of an individual selling unauthorised items from a personal collection, if following receipt of a 'cease and desist' letter the offending items are withdrawn, any costs would be minimal, or might be waived. 

"Eric Clapton's lawyers and management team (rather than Eric personally) identifies if an item offered for sale is illegal, and a declaration confirming that is signed, but thereafter Eric Clapton is not involved in any individual cases, and 95 percent of the cases are resolved before going to court."

Clapton's management went on to explain that the case in question only went to court after the woman refused to comply, and 76-year-old Clapton has no intention of claiming the costs awarded to him.

Clapton has also been criticised recently over his stance on vaccines.

The statement continued: "Had she explained at the outset the full facts in a simple phone call or letter to the lawyers, any claim might, have been waived, and costs avoided.

"However, the individual appointed a lawyer who appealed the injunction decision. The Judge encouraged the individual to withdraw the appeal to save costs, but she proceeded. The appeal failed and she was ordered to pay the costs of the court and all of the parties. 

"However, when the full facts of this particular case came to light and it was clear the individual is not the type of person Eric Clapton, or his record company, wish to target, Eric Clapton decided not to take any further action and does not intend to collect the costs awarded to him by the Court.

"Also, he hopes the individual will not herself incur any further costs."

Featured Image Credit: Alamy

Topics: Music