VIA FACSIMILE (412 381-9997)
& E-MAIL (sigma@pair.com)
Kevin Martin, CEO
Pair Networks, Inc.
4100 Butler St.
Pittsburgh, PA 15201
Re: Unauthorized Use of Sound Recordings Performed by the Beastie Boys & NWA
Dear Mr. Martin:
I write on behalf of EMI Music North America and its affiliate labels Capitol Records and Priority Records ("EMI"). It has come to our attention that Steven Rush is currently exploiting sound recordings that are owned and/or controlled by EMI. In particular, it appears that Mr. Rush is using, without authorization, on his website, http://www.funky49.com/music.html and http://www.funky49.com/June14_Buy_ForThe5Boroughs/, (collectively the "Website"), copies of sound recordings embodying performances of the Beastie Boys, NWA, and possibly other EMI recording artists (the "Artists"), including but not limited to recordings of "Root Down," "Shake Your Rump," "So Watcha Want," "Alive," "Pass The Mic," "Ch-Check It Out," and "Dopeman" (the "EMI Recordings").
Steven Rush's unauthorized exploitation of the EMI Recordings constitutes copyright infringement, and renders Steven Rush, and any other company engaged in the unauthorized exploitation of the EMI Recordings with Steven Rush, liable for all of the remedies provided by the relevant laws occasioned by Steven Rush's unfair competition and dilution of our valuable property.
I am the agent authorized to act on behalf of EMI, the complaining party. It is our understanding that Pair Networks, Inc. is the Internet Service Provider for Steven Rush and the Website, and as such, you are the authorized agent for service of this notice in accord with The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 et seq. (the "DMCA Notice") for Pair Network, Inc.
We request that following your investigation of this matter you provide us full remedy under the DMCA Notice requirement, including but not limited to, expeditiously removing or disabling access to our copyrighted material. Unless we receive full and immediate compliance with this demand within a reasonable amount of time, we will be forced to consider pursuing our other remedies at law and in equity.
This letter is written without prejudice to any of our rights or remedies, all of which are expressly reserved herein.
By placing my signature herein, I state under penalty of perjury that the information contained in this notification is accurate and that I am authorized to act on behalf of the owner of an exclusive right of the Copyright alleged to be infringed.
Sincerely,
/S/: Jonathan Campbell
This electronic signature is made and adopted with the intent to authenticate this written agreement.
Jonathan H. Campbell
Legal and Business Affairs
EMI Music North America
150 Fifth Avenue, 11th Floor
New York, NY 10011
Tel: 212.786.8125
Fax: 212.786.8103
Email: jonathan.campbell@emicap.com
CC: Steven Rush (etiennebonchance@yahoo.com; me@funky49.com)
Faithful reader:
You wanted to see it, here it is. This is the email that I and my web host received from Jonathan H. Campbell, EMI's Legal and Business Affairs attorney.
Please note Mr. Campbell wasn't only protecting the Beastie Boys with this letter, he was also asking my Less Than Jake and NWA mash-up be removed as well!
I got this email at 5:37 PM EST on Thursday, 29 April 2004. The files were removed from the web server a few hours later without second thought by me. I do not have the financial or legal resources to fight this thing.
Does this mean I can be mentioned in the same breath as DJ Dangermouse and Cheap Cologne?
I have a copy of this printed out and placed in a nice frame. It hangs from my studio room wall.
If you have file space outside the United States, I would really appreciate having ~50 megs of remixes hosted.
-funky49