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illegal electronic distribution, suggestions?

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Old 16th August 2006   #1
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Joined: Dec 2005
Location: portland, or
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illegal electronic distribution, suggestions?

Looking for advice here....

A label I had a physical (retail) distribution agreement with 3 years ago (an agreement I agreed to when I was a bit more naïve) has been selling the albums under this expired distribution agreement digitally through the digital distribution company DRA - eventhough I never authorized them to sell these songs digitally under the distribution agreement - and only found out this was happening by doing an iTunes search. I've been attempting to get this label to have DRA remove these tracks from their catalog for over a year now with no success. I have received royalty information (which isn't substantial but is definitely enough to care about) but I have not recieved any payments as of yet. The label in question said in May that "I've
notified DRA several times to remove all of your titles, and we've officially
ended our agreement w/ DRA. They are supposed to phase out all of our titles
when their term runs out, which should be around now. " but still the titles are listed in iTunes and I can't transfer the titles to the digital distributor that I now work with unless these titles are removed.

So my questions are:

If your albums are being distributed illegally electronically what the hell do you do if the people doing the electronic distribution won't remove them? Itunes is impossible to contact directly to get them to remove the tracks - and even if I got iTunes to delete them there are still quite a few other places that have the songs for purchase. Do I need to get a lawyer? Has this happened to anyone else? Can anyone recommend a good lawyer?
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