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我才开始用音乐下载做CPA，昨天才发一首MP3的专辑，今天就收到律师信了，E文又不太好，看得不是很明白，我应该怎么处理？是马上删除这个专辑？ 另外他们会不会查到我是做的哪家联腽，然后让联盟不给结款呢？
Dear Zhang Sheng:
I declare under penalty of perjury that this firm represents the artist Puscifer (“Artist” or “Client”), who owns and controls 100% of the copyright in the following sound-recordings, as well as the musical compositions embodied therein:
The above works are herein referred to collectively as the "Songs" and each individually as a "Song", and are all embodied in the album entitled "Conditions Of My Parole" ("Album"). I have the authority to act on the Artist's behalf concerning any matters which bear upon their intellectual property interests, including, without limitation, all rights, title and interest in and to the Artist's musical compositions and master recordings.
I was recently informed that your website, www.xxxx.com (“Site”), is offering a download of the Songs to anyone who wants it, or as we in law offices like to say, "being used to facilitate the viewing, sharing, downloading and transmittal" of the Songs. The URL at issue is as follows: http://xxxx.
We have not been able to track down any royalties from you or your website for downloads of these Songs. As a matter of fact, we cannot find any authorization from us, or the Artist, for you to offer these downloads anywhere. Turns out that, at no time has the Artist, nor its designated representatives or authorized licensees, granted you permission (written or otherwise) to exploit the Songs. Our Client holds exclusive rights to the recording of the Songs, including (without limitation) all commercial exploitation thereof.
I have to tell you that your allowing or facilitating access to the Songs via viewing, sharing, transmittal, download or otherwise is without our Client’s consent and constitutes “Unauthorized Activities” by you thereby violating the Artist's exclusive ownership interests and infringing upon the Artist’s rights To simplify things, you're stealing from the Artist.
These flagrant and conscious infringements of the Artist’s rights constitute a number of violations under the Copyright Law Of The People's Republic Of China, including, without limitation, publishing a work without the permission of the copyright owner, exploiting a work created by another person without paying renumeration as prescribed by the regulations and committing any other act of infringement of copyright.
On behalf of our Client, we hereby demand that you act expeditiously to remove or disable consumer access to the Site which offers the Songs and, further, that you do the following:
1. Deliver to us copies of all materials utilized to create, duplicate, distribute, offer or post the Songs, including, but not limited to, the original creation;
2. Notify us of all contexts (other than the Site) in which the Songs have been used and all third parties to whom you have licensed, distributed or transmitted the Songs; and
3. Provide us with an accounting of monies, if any, received through distribution, download or transmittal of the Songs through the Site or any other avenue as well as a calculation of all profits, if any, derived therefrom since the date of the first Unauthorized Activity.
Please contact the undersigned, via email or facsimile, to confirm your compliance with the foregoing demands.
If we do not hear from you in an attempt to informally resolve this matter, our Client has instructed us to take any and all legal action necessary to vindicate his rights with respect to your Unauthorized Activities.
Nothing contained in this letter is intended or shall be construed as an admission of any fact, nor a waiver of any rights, claims or remedies which our client has asserted or may assert in the future, in connection with this matter or any other matter. All such rights, claims and remedies are hereby expressly reserved.
Very Truly Yours, |
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发表于 2011-10-14 17:30:30
提升卡
沉默卡
变色卡
楼主
怕怕。。。我还没开始做呢，问题真多