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Joined:
August 2003
Posts: 4619
Location: SoCal | Hello Friends, Family and Associates,
Here is the most recent update regarding the Hal Leonard attack on our company. If I may ask another favor of you: please forward this to any media contacts: newspaper, magazine, TV, radio, Blogs, Forums, etc. The attached file is media friendly, or you can view this and previous press releases on our website, http://mjspublications.com/low_band/media/press.php. Also, please feel free to forward this to any musicians you know.
Honestly, the past 2 weeks have seriously hurt our business. We're going to try our best to stay in business, but this is a frightening position. We had hoped the launch of our new title "GUITAR: Probable Chords" on e-Bay would have carried us into the new year, but when Hal Leonard shut us down less than 2 days into the listing they really took the wind out of our sales. We thought we had cleared everything up, only to be shut down a second time, and suspended a week later. Yes, Hal Leonard broke some laws, but even if legal action is taken it could take years to settle.
Sincerely,
Mark Sternal
MJS Music Publications
www.MJSPublications.com
352 563 1779
See all of our titles, as well as magazine and customer reviews at www.MJSPublications.com.
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Hal Leonard Admits No Claim on MJS
Hal Leonard Corporation contacted e-Bay on Tuesday and confirmed that they do not have claim to any of the 7 titles owned by MJS Music Publications. The Hal Leonard Corporation had previously filed several NOCI (Notice of Claim Infringement) forms with the e-Bay company signed under penalty of perjury by Representative David Hall that the titles sold by MJS were the intellectual property of the Hal Leonard Company. This resulted in the wrongful cancellation of over 150 global listings MJS Publications held with e-Bay, equaling an amount of $131,470.00, and the subsequent suspension of their account with the website.
Following the filing of the NOCI’s, e-Bay proceeded to contact all of MJS Music Publications customers warning them that “the intellectual property rights owner notified eBay that the listing potentially infringes its copyright, trademark and other rights…we strongly urge you not to complete this transaction.” The suspension was lifted after Hal Leonard’s confession and customers were sent a follow up e-mail stating the cancellation was sent in error.
The titles affected were:
“GUITAR: Probable Chords” ISBN 0976291762 (pre-sale)
“GUITAR: Total Scales Techniques and Applications” ISBN 0976291703
“BASS GUITAR: Total Scales Techniques and Applications” ISBN 0976291754
"GUITARRA: Escalas, Técnicas y Aplicaciones Totales" ISBN 0976291711
"The Twelve Notes Of Music" ISBN 097629172X
"Complete Guitar By Ear - 2 CD Audiobook" ISBN 0976291738
"Complete Bass Guitar By Ear - 2 CD Audiobook" ISBN 0976291746
The author of the titles, Mark Sternal, Is currently on a national tour promoting his best-seller “GUITAR: Total Scales Techniques and Applications” and preparing for the release date of his newest book “GUITAR: Probable Chords” which will be available nationwide 12/12.
Website: www.MJSPublications.com
Contacts:
Isandra Gonzalez (786) 263-3925
Mark Sternal (352) 563-1779
For Immediate Release November 25 2005 |
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Joined:
May 2004
Posts: 2850
Location: Midland, MI | What's the story behind the story, I wonder. Why would HL make such claims? Inquiring minds want to know. |
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Joined:
August 2003
Posts: 4619
Location: SoCal | previous press release, note the line conc Hal Leonard's basis for their action..."had a link to another website which offered free guitar lessons with examples of popular songs that Hal Leonard believes are in copyright infringement."
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11/18/2005 - Crystal River, FL. MJS Music Publications produces 7 music instruction titles, mainly for guitar enthusiasts. Although their titles have received rave reviews, the company is still young, and often struggles to keep the lights on. Their main source of income has been E-Bay sales, where the company has a stellar 11,000+ customer feedback rating. That source of income has come to a complete and unexpected halt.
The Hal Leonard Corporation is the world's largest music print publisher. It is reported that they currently publish over 95,000 titles. On 11/08, David Hall, a sales manager from Hal Leonard contacted E-Bay and under penalty of perjury signed a claim that Hal Leonard owns the rights to all 7 titles produced by MJS Music Publications. E-Bay in turn cancelled 76 listings from MJS Music Publications and advised the company to handle the claim directly with Hal Leonard. Mark Sternal, (owner of MJS Music), immediately contacted David Hall of Hal Leonard who stated the report was made not because Hal Leonard is claiming to own the rights to said titles, but because the MJS Music Publications website, (www.MJSPublications.com), had a link to another website which offered free guitar lessons with examples of popular songs that Hal Leonard believes are in copyright infringement. MJS Music Publications immediately removed the link. According to David Hall, this satisfied Hal Leonard and the verified rights ownership claim was dropped, however on Thursday, 11/17 Hal Leonard reinstated the claim and e-Bay not only ended all listings, but also suspended MJS Music Publications from selling on the website.
On Friday, Mr. Sternal went on record stating, “This is a crippling blow to our company. I don’t understand how a business like e-Bay can blindly end all of our listings without even investigating the claim. I don’t understand how the Hal Leonard Corporation can get away with telling e-Bay they own the rights to my books, and then tell me that it’s all about a link from our website!"
As of Friday 11/18 E-Bay has not returned any calls or e-mails regarding the claim. MJS Music Publications is seeking legal advice. The company website, www.MJSPublications.com, is still operational.
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can't get eBay to shut down a bad seller but quick to enforce alleged copyright. |
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Joined:
October 2005
Posts: 5327
Location: Cicero, NY | Hate to be totally ignorant (famous last words) but I know nothing of MJS. Is this newsworthy because it has a connection to the Kaman Group or the OFC somehow or is it because it's the typical (read: obviously unfair) mammoth v. little guy fight? |
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Joined:
August 2003
Posts: 4619
Location: SoCal | This is off topic as to Kaman. It reflects on eBay and big v. little.
Where it is on topic is in the area of guitar instruction. At one time, I had bought a book on scales techniques...unfortunately, it is in the same stack with the other theory books waiting for me to take the time to read. :rolleyes: |
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Joined:
October 2005
Posts: 5327
Location: Cicero, NY | Ahh. I can relate to the stack. Got my own, in fact. The books that friends and family have bought me - ever try to imitate Yngwie on a nylon classical? - and the ones that depress me even more - the ones that I bought myself. Thank God I have the (limited) expectations to match my talent. |
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May 2004
Posts: 2850
Location: Midland, MI | Never attribute to malice that which can be explained by stupidity. Or something.
;) |
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November 2004
Posts: 4413
| This sucks - I've spent a lot of money with Mr Leonard down the years. Maybe I just stopped. |
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February 2004
Posts: 2487
| Hey In case no one has noticed Ebay has become very much like Walmart. They dictate the terms to even the biggest companies. And with the Paypal banking system they have become more of a formidable retail sales "one stop shop" for everyone.
I had a gigantic lighter that looked like a Zippo for sale on ebay once. I mentioned in my auction the fact that it certainly "was not a Zippo" but only looked like one. Zippo complained and Ebay ended my auction. With that thinking Ebay should end every guitar auction where the seller mentions the name Ovation even when they state the guitar is "certainly not an Ovation".
Interesting how easy one company can cripple another when you have no "Human" interaction. I'll bet this whole problem was primarily handled through email communications.
Hell of a way to run a railroad if you ask me.
But hey please don't think I am on a Paypal or Ebay rant. It's just an observation from my perspective.
It's likely to be incorrect.
Randy |
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December 2001
Posts: 10581
Location: NJ | if ovation complains about specific auctions your auction will get shut down.
I got shut down a couple of times for key word spamming LOL. |
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Hal Leonard Admits No Claim on MJS Music Publications
