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1. Dear Zack, could you provide more information about your claim in defamation please? It does without saying that all litigation is hazardous so there is always the possibility of losing any legal action you take. So, you need to ensure that the law is in your favour when taking defamation proceedings as not all actions succeed.
2. There is no need to send the pre action protocol. I essentially need to know the facts. Essentially, you need to be able to show that what you said was true given the circumstances. So, essentially, you need to show they took your royalties.
3. Essentially, if they took your royalties, then they are fraudsters. However, if there was some mistake made, then they aren't fraudsters. So, you need to be able to show firstly, that they took your royalties, but also that they never intended to give them to you.
4. So, you will plead truth or justification in defending the claim and seek to show that your royalties were not paid over to you and they had no intention of doing so.
5. Well, that is very clear evidence if misappropriation of your royalties. Accordingly, so long as the song is yours, you can defend the action aggressively and fight off the claim.
6. Just because the song is similar, this does not entitle them to your royalties. Essentially, they would have to sue you for copyright infringement if they wanted to make a claim to your royalties. So, they have acted in a wrongful manner here.
7. You can defend yourself and fight off the claim. You don't need lots of money to fight back if you represent yourself.
8. It is easy to be wise after the event. What you should do now is both - start a claim before the PRS and also defend the defamation proceedings.
9. Well, it is up to you if you want to accept this.
10. It is your own decision whether you want to settle with them or not.
11. Good luck with it.
12. The reality is that the court will award them zero if it is not true.