Eric Clapton has won a court case against a German widow who listed a bootleg on eBay for €9.95 (approximately AUD $15). The CD was purchased by her late husband and contained recordings of Clapton’s performances from the 1980s.
The woman, known as Gabriele P, sad in court that she was unaware that the recordings were made without Clapton’s consent and that she removed the listing as soon as she was made aware. She also went on the record saying that the disc was bought in 1987 at a popular German department store.
Regardless, Clapton’s lawyers filed an injunction, and the courts ruled in his favour. The widow is now liable to pay the legal fees of both parties, which amount to approximately AUD $5300. The court also ruled that if Gabriele P listed the album again, she could face a sentence of six months in jail or a fine of up to AUD $393,800.
Clapton’s actions have been met with much uproar, but his manager Michael Eaton told the Guardian that they stand by their decision to sue the woman.
“Germany is a country where sales of bootleg and counterfeit CDs are rife, which damages the industry and customers with poor quality and misleading recordings. Along with a number of other major artists and record companies, over a number of years Eric Clapton has, through German lawyers, successfully pursued hundreds of bootleg cases in the German courts under routine German copyright procedures,” Eaton said.
He added: “costs are usually minimal unless the case is argued in court, which is what happened here as the lady instructed her own lawyers. Now that the full facts of this particular case have come to light, the intention is that the formal German proceedings will not be pursued any further.”
The woman’s lawyer has said that they intend to appeal the decision.
Love Classic Rock?
Get the latest Classic Rock news, features, updates and giveaways straight to your inbox Learn more
For more on this topic, follow the Classic Rock Observer.
