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Från: Max Backström
Ämne: Re: Remove my music - act immediately!
Till: "Marco Lucchi" <marco.lucchi@gmail.com>
Datum: tisdag 26 april 2011 20:09
As I told you in my last email, my work has not improved a bit, after your theft.
My work have generated nearly 60 000 hits at youtube. If your tribute is that good, I have a lot of money to collect from you. Show me what you got and I might think this over. What can you offer me to use my voice and my sound?
Your track She Kisses Me (Ode To A Mellotron) is in my opinion not a good track and it is definitely not a good tribute to the mellotron. You'd better do something that is a tribute without stealing, that is my demand! You are not allowed to destroy my art of work!
If you do not act fast enough, the following might work faster. But I can imagine it might be expensive, if I have to act at every internetsite where this infringement of my rights has taken place.
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Från: internetservicesitunes_en@euro.apple.com <internetservicesitunes_en@euro.apple.com>
Ämne: Re: Fwd: My music stolen and found at itunes, please act immediately!; Follow-up: 149191937
Till: Max Backstrom
Datum: tisdag 26 april 2011 17:18
Hello Max,
You are contacting us because you believe one of your track is sold without your consent on the iTunes Store.
If this is an infringement of your rights, please contact our legal team at <iTunesStoreNotices@apple.com> to work with them on this matter.
Please send them the following information as it appears on the iTunes Store:
- The name of the artist, band
- The title of the product(s), including song titles
- The UPC/EAN or ISRC code
- The territories in which you are asserting rights
- A URL of the content in dispute from the iTunes Store (right/control-click the content to copy URL)
Please be sure to also explain the rights issue, specifying whether it relates to the composition, sound recording, and they will address the matter in accordance with our normal process for such issues.
Regards,
Miles
iTunes Store senior advisor
http://www.apple.com/uk/support/itunes/
Apple Operations Europe
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Från: Bandcamp support <support@bandcamp.com>
Ämne: Re: (Case 418063) My music stolen and I found it here, please act immediately!
Till: "Max Backström"
Kopia: "marco.lucchi@gmail.com" <marco.lucchi@gmail.com>, ""
Datum: måndag 25 april 2011 22:20
Hi Max,
Sorry to hear that. Please submit a copyright claim using the instructions here:
Best,
Ryan
Intellectual Property Policy
Bandcamp, Inc. ("Company") has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Company's policy to (1) block access to or remove material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A repeat infringer is a user for whom Bandcamp has received more than two notices of claimed infringement or for which Bandcamp has had to remove content more than twice. Notwithstanding the preceding sentence, Bandcamp reserves the right to immediately terminate the account of any user for egregious infringing activities in Bandcamp's sole determination and discretion.
1. Procedure for Reporting Claimed Infringement:
If you believe that material or content residing on or accessible through the Company Web site or service infringes an intellectual property right that you own or control, please send a notice of claimed infringement containing the following information and only the following information to the Designated Agent listed below. Please note that you will be liable for damages, including costs and attorneys' fees, if you materially misrepresent that content or an activity is infringing your copyrights. Your communication must include all of the following items:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. The statement "I swear under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Note that a copy of your legal notice will be forwarded to the party responsible for providing the alleged infringing content.
Please do not include any information in your report other than the above items. The wonderful thing about the DMCA is that it makes the sordid details of your bass player's departure completely irrelevant. Simply include the information above and we'll have all the information we need.
I hope you will succeed before I have to act.
Max Backstrom
--- Den tis 2011-04-26 skrev Marco Lucchi <marco.lucchi@gmail.com>:
Från: Marco Lucchi <marco.lucchi@gmail.com>
Ämne: Re: Remove my music - act immediately!
Till: "Max Backström"
Datum: tisdag 26 april 2011 18:32
i understand your point of view, but i don’t think that i destroyed anything at all. on the contrary i think that i made a tribute to mellotron, and so it has been considered by all that listened to it till now.
i made all the things you did with Tunecore and Reverbnation but as i told you the retailers, i mean iTunes, Emusic etc, take it very slow. Reverbnation and Tunecore said this to me.
any way, taking the thing from the right start, here i’m also asking if you allow to use your voice and sounds for my track, cause i think it is a good track and a good tribute to mellotrone. i will not ask money for this. but i think that the whole album will have more sense with that track too. if you listen to it without anger i think you would agree. maybe just for bandcamp only cause there i can put it for free. let me know. ciao, grazie
Marco Lucchi
