Dan Daley, editor
Issue #14 August, 2001
A Touchy Subject
In a business in which literally tons of gear changes hands every day, and the sources of those sales arent all legitimate retail stores, a few people have brought up the issue of how to know if an item is stolen, and what to do if you purchase something that someone later makes a claim on.
One solution to the first issue is the reason this site exists. If youre buying equipment from an unknown party or through a classified ad, ask for the unit(s) serial numbers and run them by the Stolen Equipment Registry. Its also not a bad idea for studio owners to alert members of their local community if any of their items are stolen -- the vast majority of resales of stolen pro audio equipment are going to take place in the same community.
What if you find that you have unknowingly purchased a piece of gear that had been stolen? This happens more often than you might think, and studios and engineers find out that they've got a "hot" piece when someone sees the gear in a rack on a session. Bruce Colfin, partner in the entertainment law firm of Jacobson & Colfin in Manhattan, stresses that there is both a moral and a legal compulsion to find and return the item to its rightful owner. He cites art cases dating back to World War II which hold that the right to assert ownership of property is not limited by time, place or circumstance. You have recourse against the person who sold it to you, Colfin says. But beyond that, theres little you can do to recover your money. If you cant find the owner, report it to the police.
Another attorney, speaking off the record, says its best to try to contact the owner yourself and return the items on a one-to-one basis. Make every effort to do that, and every effort to stay out of the police machine, she says. Cops dont know you, and they have a way of wondering, ÔWhat else does he have in the garage?
The best advice is not to put yourself in this position to start with. If youre buying used gear, check that the title is clear before paying for it.
Dan's Newsletter will be taking a hiatus after this issue. Thanks, Dan, for some great advice! The Editors of Mix and Mixonline
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