[rumori] What to do about deconstructing beck?
Lawrence Comras [rumori] What to do about deconstructing beck?
Tue, 12 May 1998 14:54:00 -0700 (00895038840, 000401bd7df0$784bd2a0$ac6aaac7ATcomras.interval.com)
I would definitely prepare the following:
1) A letter explaining your best legal position. Respecting that they are a
business that must protect their copyright, but making clear that infringing
on that per se is not our intent. This is just a good faith gesture showing
that there is no maliciousness behind your efforts. Going into detail that
it's impossible to mistake this for a Beck release, etc.
2) A second letter more philosophical letter explaining that Beck is clearly
and obviosly basing much of his music on repurposing, reusing, whathaveyou.
So we are respecting his raison d'etre by taking it one step further.
Innocently,
--Axil
>-----Original Message-----
>From: owner-rumoriATdetritus.net [mailto:owner-rumoriATdetritus.net]On
>Behalf Of Steev
>Sent: Tuesday, May 12, 1998 2:43 PM
>To: rumoriATdetritus.net
>Subject: [rumori] What to do about deconstructing beck?
>
>
>Last week Geffen sent out the attached scary letter to
>Illegal Art, Rtmark, and their internet providers (detritus and parnoia),
>to try to stop the sale of the Deconstructing Beck CD.
>
>I thought it would be interesting to discuss on this list possible courses
>of action in response to this. There's been some conversation between
>myself, philo, rtmark, and negativland already, but it would be great to
>get some other input from y'all.
>
>Any opinions or ideas are welcome.
>
>thanx,
>
>smh
>
>Steev Hise, Technical Thug
>steevAThise.org http://www.cyborganic.com/people/steev
>new recycled art site: http://www.detritus.net
>-----------------------------------------------------------------
>"I declare a permanent state of happiness"
> -Grafitti, Paris 1968
>-----------------------------------------------------------------
>
>---------- Forwarded message ----------
>Date: Fri, 8 May 1998 16:46:42 -0700
>From: "Hilderley, Susan"
>To: "'rtmarkATparanoia.com'" <rtmarkATparanoia.com>,
> "'illegalartATdetritus.net'" <illegalartATdetritus.net>,
> "'steevATCYBORGANIC.NET'" <steevATCYBORGANIC.NET>,
> "'net-czarATparanoia.com'" <net-czarATparanoia.com>
>Subject: BECK / UNAUTHORIZED DISTRIBUTION OF SOUND RECORDINGS
>
>May 8, 1998
>
>Illegal Art
>RTMark
>
>RE: BECK / UNAUTHORIZED DISTRIBUTION OF SOUND RECORDINGS
>
>To Whom It May Concern:
>
>Geffen Records, Inc. ("Geffen") is party to an exclusive recording
>agreement with the recording artist professionally known as Beck
>("Artist"), and accordingly Geffen is the copyright owner of, with
>exclusive rights to, the performances of Artist recorded during the term
>of such agreement and the exclusive owner of the right to use the
>Artist's name and likeness for record purposes in connection with such
>recordings.
>
>It has come to Geffen's attention that you intend to distribute, and
>have distributed, without Geffen's authorization, an album entitled
>Deconstructing Beck containing master recordings embodying Artist's
>performances and using Artist's name and likeness (the "Record"). As
>Geffen has not granted permission for the use of the foregoing master
>recordings or name and likeness, or the distribution of the Record, such
>use and distribution of the Record violates the U.S. copyright laws and
>the law of the State of California, and may subject you to other
>actionable claims under relevant state and federal laws.
>
>Geffen hereby demands that you immediately cease and desist from any
>further distribution or other use of the Record, that you cause any and
>all third parties to whom you have entered into any agreement with
>respect to the Record or to whom you have distributed the Record to
>immediately cease and desist from exploiting or distributing same, and
>that you furnish us with an affidavit in which you represent that you
>have complied with the foregoing demand.
>
>In the event Geffen has not received the affidavit requested within
>seven (7) days from the date hereof, Geffen will pursue appropriate
>legal redress against you and any other infringing parties, including,
>without limitation, the immediate commencement of proceedings seeking
>profits as well as actual and/or statutory damages, and injunctive
>relief.
>
>Nothing contained herein shall be deemed an admission of any fact or a
>waiver of any of Geffen's rights or remedies in connection with this
>matter, whether at law or in equity, all of which rights and remedies
>are hereby expressly reserved.
>
>
>Sincerely,
>
>
>Susan Hilderley
>
>________________________
>http://detritus.net
>
________________________
http://detritus.net