Possible privacy/publicity violation, trademark infringement, or breach of contract?

I'd like to know if the following situation would be considered a breach of contract: In June of 2009 I delivered a service through a company called fiverr.com (a platform in which one creates gigs that sell for $5) In my gig, I provided back up vocals for a song the Buyer had written. After I had delivered the vocals to the Buyer, the following conversation took place within the Fiverr platform: Buyer: Dude! You're nuts. It's awesome. I'm gonna have so much fun mixing this...!!! Thanks again, you are the bomb. I will of course send you a final mix and we can talk about how you would like to be credited. Do you have a PRO (ascap, bmi) etc, so I can list you correctly as co-writer? We're splitting the writing 50/50, I keep the publishing. What's your legal writer name? Me: Yay!! I was very happy with the end result, too. I'm glad you like it! Well, have a blast mixing, I can't wait to hear the final :) Talk to you soon! Buyer: Yo! Nice working with you...! feel free to promote the track and make us famous. :) :) Me: Sweet :) likewise. The Buyer created album art with my name on it, credited me with ascap on no explicit agreement or contract, and had the single distributed across every major and minor digital media outlet possible. The song is harmful to my image and I want my likeness (my stage name) pulled from distribution, though I have no disagreement with the buyer's right to the master. Am I in breach of contract by asking the Buyer to remove my information from distribution and from ascap?


Asked over 6 years ago in Vermont
Categories: Entertainment & Media Law

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