Eric Clapton does not want any money from a woman in Germany who was ordered to pay his legal fees last week in a case involving a bootleg CD.
“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,” read a statement from his reps. “Also, he hopes the individual will not herself incur any further costs.”
Gabriele P., 55, listed Eric Clapton - Live USA on eBay for about $14 following the death of her husband. The CD was removed from the website the following day when Clapton’s reps said it was recorded illegally in the ‘80s and therefore violated copyright. The musician was granted an injunction.
Gabriele appealed the injunction, claiming she had no idea the recording was unauthorized. Last week, a judge in Düsseldorf denied the appeal and ordered her to pay a little more than $4,900 in legal fees.
Clapton came under fire on social media for seemingly going after the widow.
But, the statement explained, the musician’s lawyers and management team go after the sale of illegal recordings, not Clapton.
“In the case of an individual selling unauthorized items from a personal collection, if following receipt of a ‘cease and desist’ letter the offending items are withdrawn, any costs would be minimal, or might be waived,” it read.
“This case could have been disposed of quickly at minimal cost, but unfortunately in response to the German lawyers’ first standard letter, the individual’s reply included the line (translation): ‘feel free to file a lawsuit if you insist on the demands.’ This triggered the next step in the standard legal procedures, and the Court then made the initial injunction order.”
Clapton’s reps said had Gabriele “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.”