In this situation there is little that Mr Rietveldt could have done to prevent the infringement that occurred. He gave a limited licence to use the rights, but the licensee used the music outside the terms of the licence.
It highlights the importance of knowing what you have licensed, but also making sure that the limits are expressly set out in any agreement and undertaking what monitoring you can to ensure that the rights are used in accordance with that agreement.
Subsequent investigation or action will also be assisted if there is an express right to audit included in the agreement in order to ascertain what royalties could be due.
Remember that series of commercials that ran before movies proclaiming, “You wouldn’t steal a handbag”, etc. and then likening film piracy to petty theft commenting, “Piracy: it’s a crime”?
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