1330 Connecticut Avenue N.W., Suite 300
Washington, D.C. 20036
(202) 775-0901 phone
(202) 775-7953 fax
Tel 212 238 6784
Fax 212 856 6193
Re: Copyright Infringement MP3 Files/Unlicensed usage
We have attempted to contact this website and its operators on numerous occasions to demand that you immediately cease and desist your infringement of the music rights and distribution of copyrighted music. To date, we have not received a response. Therefore, pursuant to federal law (21 U.S.C. 881 et. seq.), RIAA hereby confiscates and takes possession of this website and domain name.
In particular, as authorized under paragraph (a)(7) of the federal statute, this website is subject to forfeiture due to copyright violations. Specifically the statute permits confiscation of "[a]ll web property, including any right, title, and any websites which mirror this one. In addition, the statute authorizes RIAA to impose civil penalties, as well as criminal penalties of violations of the statute, including one year's imprisonment for repeated and chronic violations thereof.
It is the RIAA's position that this website has committed violations of numerous music copyrights by featuring unlicensed music in featured 'web cartoons', as well as through its use of the weekly feature 'The Song For Thursday' in violation of the federal Copyright Act, U.S.C. ¶¶ 501 et seq. Contrary to the assertion contained on the webpage, the unauthorized distribution of these sound recordings is not protected under the so-called "fair use" doctrine.
RIAA hereby demands that you do the following before RIAA will release this website:
(1) Agree in writing that you will henceforth cease any and all further illegal distrubtion activities.
(2) Provide RIAA with an accounting of all revenues derived, either directly or indirectly, from your unauthorized use and distribution of unlicensed music.
(3) Immediately destroy all files and codes currently in your posession, custody or control that are related, in any manner, to your unauthorized use and distribution of unlicensed music through the above-referenced website features; and
(4) Immediately remove all references to the above-referenced items from the website, including, without limitation, links to and from the above-referenced features.
Please be advised that if you fail to perform all the foregoing within the time frame provided pursuant to the federal statute, and in no event later than ten (10) days from the date of this letter, RIAA will take permanent possession of this website and pursue any and all legal remedies provided under the federal statute, including without limitation the imposition of criminal and civil penalties.
Hilary B. Rosen
Chairman and Chief Executive Officer
Recording Industry Association of America