To whom it may concern,
Please be advised that the undersigned has been retained to represent EVR Community Corp. (EVR) with respect to copyright infringement occurring on http://www.mixcloud.com.
The download being offered on the mixcloud embeddable player at http://www.mixcloud.com/WorksOfMart/dj-eclipse-wild-pitch-set-on-fatbeats-live-02092011/, is a “radio rip” (see attached screen shot). Specifically, this audio file was the result of a rip of the audio of the Fatbeats internet radio show which was broadcast on eastvillageradio.com (EVR) on February 9, 2011. This audio file is now being distributed via the mixcloud embeddable player without authorization from EVR. This is in direct contravention to U.S. Copyright law.
U.S. law provides for statutory penalties of US $150,000 per knowing copyright violation. As a radio rip requires a conscious effort, this action will constitute a knowing violation. Each copy that Mixcloud participates in distributing constitutes a separate violation under copyright law, and EVR will seek damages accordingly.
You have hereby been provided with notice that your site is violating EVR’s copyright. As the sound recording you are illegally distributing contains a sound recording that is itself protected by copyright, EVR and DJ Eclipse may each seek the maximum penalty from Mixcloud and its principals, officers, and owners, for each sound recording that you have distributed if you fail to immediately comply with my instructions.
Please delete this audio file immediately from Mixcloud’s servers and all hard drives in your possession, disable the embeddable player that includes this sound recording and confirm in an email to me that this download page and all references to it have been eliminated. Please also be aware in advance that you may not enable streaming of this track, and you must delete any references to this track and to Fatbeats from your website.
As per Mixcloud’s copyright infringement policy, I hereby represent under penalty of perjury that the information in this Notice is accurate and that I am authorized to act on behalf of the owner of the exclusive rights that have been infringed.
I look forward in advance to your cooperation.
Respectfully yours,
ARTHUR J. OWENS
—
Arthur J. Owens, Esq.
Law Office of Arthur J. Owens
1608 Beverley Road, Ste. 3
Brooklyn NY 11226
Phone: 347.529.7168
Fax 815.880.2295
First of all, I do respect my own disclaimer “Should the content on this blog infringe on any copyright laws, please feel free to contact me and I will remove the respective post accordingly”.
Second of all, something tells me DJ Eclipse wouldn’t sue me.
Third of all, where is hip hop? but i do know where hip hop isn’t at: eastvillageradio.com
Fourth of all, you got to be kidding me? lmao… Stuart Fine or whoever owns the catalog of Wild Pitch Records, step in and eat from it.
http://www.freeonsmash.com
