Cease And Desist Letters (Kevin Nottingham rant)
Posted: Sat Sep 11, 2010 4:13 pm
http://kevinnottingham.com/2010/09/10/k ... more-42754
[quote]There are times when I really hate hip hop. Not particularly the art form itself, rather the politics behind it all. As a hip hop blogger, there are even more politics involved. One of the many things I have to deal with as a blog owner are Cease & Desist (or C&D, for short) letters. For those that are unaware, C&D letters are used by artists, labels, or their legal representatives to formally request that something be removed from your web site. C&D letters can really be used for anything that the party wishes for you to גceaseג, but when pertaining to blogging they normally want you to remove something.
Over the years, Iגve gotten a few C&D letters and legal requests. Most know about the infamous Stones Throw C&D, but you may not know about the A Tribe Called Quest C&D or the request from George Clintonגs lawyers to help them identify hip hop songs that were illegally sampling the P-Funker. I probably donגt receive as many as a lot of other blogs do, simply because KN.com does not post retail music for illegal download. Unfortunately, there are those in the industry that lump all blogs together and feel that sites such as ours is גwhatגs hurting hip hopג. I canגt tell you how many times Iגve been asked by the casual visitor, גAre your downloads legal?ג or גHow dare you try to sell your music through HiPNOTT when you post other peopleגs music for free?ג For the umptenth time, Iגll say it againג¦ all downloads on this site have been requested to be posted either by the artist, their label or their public relations person. Period.
I sort of got off topic for a minute, but thatגs why I called this a rant. Yep, thatגs still my name on top of the site so Iגll rant whenever I feel like it lol. To get back to what this rant is about, I received TWO C&D letters this afternoon. One of them is close and dear to my heart and the other is just flat out ridiculous. Hit the jump to read about themג¦
Many of you know about the Mama Said Knock You Out Remix Project we recently released on the site. Yeah, itגs still up. Grab it now if you havenגt already. The remix project was an 8 month venture between this site and emcees and producers all across the world. When released for free download a couple of weeks ago, it was applauding all over the Internet as a great tribute to a classic hip hop album. Producer Marly Marl (the original albumגs producer) even heard it and said it was a dope project. No money was made, though long hours by many people were put into crafting this tribute.
Today, I received a C&D letter from the legal desk of LL Cool J (aka Mr. todd Smith). The letter accused the site of unauthorized exploitation and requested the cease & desist of the גSmith Propertyג as well as the accounting of all royalties and fees paid. Here, read for yourself:
September 10, 2010
Via Website Contact Page: http://kevinnottingham.com/contact-kevin/
Kevin Nottingham Kevinnottingham.com
RE: LL Cool J/ unauthorized exploitation
Dear Mr. Nottingham:
This firm represents Mr. James Todd Smith, p/k/a גLL Cool Jג. It has come to our attention that you are making unauthorized use of Mr. Smithגs name and intellectual property (collectively, גSmith Propertyג) including, without limitation, on the website located at www.kevinnottingham.com (the גSiteג), and including, without limitation, in connection with the גMama Said Knock You Out 20th Anniversary Remix Albumג (the גAlbumג).
Please be advised that our client has not granted you the right to exploit the Smith Property, and you are hereby put on notice that the unauthorized exploitation of the Smith Property, commercially, promotionally or otherwise, including, without limitation, on the Site and/or in connection with the Album, constitutes an infringement of our clientגs rights.
In light of the foregoing, demand is hereby made that you immediately cease and desist from any and all use of the Smith Property. Demand is also hereby made for an immediate accounting to our client of all royalties and fees paid, accrued and/or otherwise due in connection with the Smith Property, including an itemized list of all instances of usage heretofore. If you fail to comply with the foregoing demands, our client shall take all necessary actions, including, but not limited to, seeking injunctive and other equitable relief, to prevent further unauthorized use of the Smith Property.
Please be advised that we are also copying representatives of Mr. Smithגs record label, as well as representatives of Mr. Smithגs music publisher, so that they are aware of the facts set forth herein and can make any claims that they may have.
Nothing contained herein nor omitted herefrom shall be deemed to constitute a waiver or election of any rights, remedies, claims, defenses or factual assertions, any and all of which are reserved.
Sincerely,
Erin D. Love
cc: James Todd Smith Claudine Joseph
Randy McMillan (via e-mail)
Robert Allen (via e-mail) Sean Melia (via e-mail) Jonas Kant (via e-mail)
I have not removed the project yet, as I am waiting for a response to my reply:
To Whom It May Concern,
The last time I checked, a TRIBUTE was not considered exploitation. This project was put together by emcees and producers from all over the world in an effort to pay tribute to a classic hip hop album. 8 months of time and energy went into this project and no one is reaping any benefits. No royalties received, no profits obtained. The project was made available as a free download and there has been nothing but praise given for this tribute. Producer Marley Marl, the sole producer on the original album, has heard the remix project and has applauded it.
With that said, what can I do to rectify this situation? Is it enough for me to simply remove Mr. Smithגs name and likeness from the project? Or are you requesting the immediate removal of the project from my website (kevinnottingham.com)? Please be advised that the project has already been posted on many other websites, in which I have no control of how far this project gets distributed.
If possible, I would like very much for Mr. Smith to listen to the remix project. I assume he has not heard it and probably doesnגt even know anything about this C&D letter. Can you please forward it to him?
I await your immediate reply as to what you want me to do.
KEVIN NOTTINGHAM
Moving on! The next C&D letter I received today was just absolutely ridiculous. It was more a threat than anything else, as the event in question has not even happened yet. The more I think about it, the more I think MTV is just trying to cover their ass. Iגm sure every other music blogger has received the same exact letter. I just found it funny that MTV is threating us for something that hasnגt even happened yet. Read onג¦
Attn. kevinnottingham.com
Re: NOTICE OF POTENTIAL INFRINGEMENT OF THE 2010 MTV VIDEO MUSIC AWARDS SHOWS / BROADCASTS
Dear Sir/Madam:
I am writing to you on behalf of MTV Networks (MTVN), which is a division of Viacom International Inc. (Viacom). Pursuant to 17 USCS
[quote]There are times when I really hate hip hop. Not particularly the art form itself, rather the politics behind it all. As a hip hop blogger, there are even more politics involved. One of the many things I have to deal with as a blog owner are Cease & Desist (or C&D, for short) letters. For those that are unaware, C&D letters are used by artists, labels, or their legal representatives to formally request that something be removed from your web site. C&D letters can really be used for anything that the party wishes for you to גceaseג, but when pertaining to blogging they normally want you to remove something.
Over the years, Iגve gotten a few C&D letters and legal requests. Most know about the infamous Stones Throw C&D, but you may not know about the A Tribe Called Quest C&D or the request from George Clintonגs lawyers to help them identify hip hop songs that were illegally sampling the P-Funker. I probably donגt receive as many as a lot of other blogs do, simply because KN.com does not post retail music for illegal download. Unfortunately, there are those in the industry that lump all blogs together and feel that sites such as ours is גwhatגs hurting hip hopג. I canגt tell you how many times Iגve been asked by the casual visitor, גAre your downloads legal?ג or גHow dare you try to sell your music through HiPNOTT when you post other peopleגs music for free?ג For the umptenth time, Iגll say it againג¦ all downloads on this site have been requested to be posted either by the artist, their label or their public relations person. Period.
I sort of got off topic for a minute, but thatגs why I called this a rant. Yep, thatגs still my name on top of the site so Iגll rant whenever I feel like it lol. To get back to what this rant is about, I received TWO C&D letters this afternoon. One of them is close and dear to my heart and the other is just flat out ridiculous. Hit the jump to read about themג¦
Many of you know about the Mama Said Knock You Out Remix Project we recently released on the site. Yeah, itגs still up. Grab it now if you havenגt already. The remix project was an 8 month venture between this site and emcees and producers all across the world. When released for free download a couple of weeks ago, it was applauding all over the Internet as a great tribute to a classic hip hop album. Producer Marly Marl (the original albumגs producer) even heard it and said it was a dope project. No money was made, though long hours by many people were put into crafting this tribute.
Today, I received a C&D letter from the legal desk of LL Cool J (aka Mr. todd Smith). The letter accused the site of unauthorized exploitation and requested the cease & desist of the גSmith Propertyג as well as the accounting of all royalties and fees paid. Here, read for yourself:
September 10, 2010
Via Website Contact Page: http://kevinnottingham.com/contact-kevin/
Kevin Nottingham Kevinnottingham.com
RE: LL Cool J/ unauthorized exploitation
Dear Mr. Nottingham:
This firm represents Mr. James Todd Smith, p/k/a גLL Cool Jג. It has come to our attention that you are making unauthorized use of Mr. Smithגs name and intellectual property (collectively, גSmith Propertyג) including, without limitation, on the website located at www.kevinnottingham.com (the גSiteג), and including, without limitation, in connection with the גMama Said Knock You Out 20th Anniversary Remix Albumג (the גAlbumג).
Please be advised that our client has not granted you the right to exploit the Smith Property, and you are hereby put on notice that the unauthorized exploitation of the Smith Property, commercially, promotionally or otherwise, including, without limitation, on the Site and/or in connection with the Album, constitutes an infringement of our clientגs rights.
In light of the foregoing, demand is hereby made that you immediately cease and desist from any and all use of the Smith Property. Demand is also hereby made for an immediate accounting to our client of all royalties and fees paid, accrued and/or otherwise due in connection with the Smith Property, including an itemized list of all instances of usage heretofore. If you fail to comply with the foregoing demands, our client shall take all necessary actions, including, but not limited to, seeking injunctive and other equitable relief, to prevent further unauthorized use of the Smith Property.
Please be advised that we are also copying representatives of Mr. Smithגs record label, as well as representatives of Mr. Smithגs music publisher, so that they are aware of the facts set forth herein and can make any claims that they may have.
Nothing contained herein nor omitted herefrom shall be deemed to constitute a waiver or election of any rights, remedies, claims, defenses or factual assertions, any and all of which are reserved.
Sincerely,
Erin D. Love
cc: James Todd Smith Claudine Joseph
Randy McMillan (via e-mail)
Robert Allen (via e-mail) Sean Melia (via e-mail) Jonas Kant (via e-mail)
I have not removed the project yet, as I am waiting for a response to my reply:
To Whom It May Concern,
The last time I checked, a TRIBUTE was not considered exploitation. This project was put together by emcees and producers from all over the world in an effort to pay tribute to a classic hip hop album. 8 months of time and energy went into this project and no one is reaping any benefits. No royalties received, no profits obtained. The project was made available as a free download and there has been nothing but praise given for this tribute. Producer Marley Marl, the sole producer on the original album, has heard the remix project and has applauded it.
With that said, what can I do to rectify this situation? Is it enough for me to simply remove Mr. Smithגs name and likeness from the project? Or are you requesting the immediate removal of the project from my website (kevinnottingham.com)? Please be advised that the project has already been posted on many other websites, in which I have no control of how far this project gets distributed.
If possible, I would like very much for Mr. Smith to listen to the remix project. I assume he has not heard it and probably doesnגt even know anything about this C&D letter. Can you please forward it to him?
I await your immediate reply as to what you want me to do.
KEVIN NOTTINGHAM
Moving on! The next C&D letter I received today was just absolutely ridiculous. It was more a threat than anything else, as the event in question has not even happened yet. The more I think about it, the more I think MTV is just trying to cover their ass. Iגm sure every other music blogger has received the same exact letter. I just found it funny that MTV is threating us for something that hasnגt even happened yet. Read onג¦
Attn. kevinnottingham.com
Re: NOTICE OF POTENTIAL INFRINGEMENT OF THE 2010 MTV VIDEO MUSIC AWARDS SHOWS / BROADCASTS
Dear Sir/Madam:
I am writing to you on behalf of MTV Networks (MTVN), which is a division of Viacom International Inc. (Viacom). Pursuant to 17 USCS