Re: Copyright Infringement
This law firm represents Courtney Love. I am authorized to act on her behalf with respect to her intellectual property rights. It has recently come to our attention that many users on kittyradio.com are using the forums to infringe various copyrights owned by Ms. Love. Specifically, users have copied and posted lyrics of songs from Ms. Love's forthcoming album which infringes Ms. Love's copyrights in these lyrics. The infringing posts can be found through the following links:
http://kittyradio.com/soapbox/showthread.php?t=12721 In post #7 the user has posted the lyrics to the following songs: "How Dirty Girls Get Clean;" "Sad But True;" and "Sunset Marquis."
http://www.kittyradio.com/soapbox/sh...t=16196&page=5 In post 90 the user has posted lyrics to the song "PCH."
It has also come to our attention that users are using the forums to provide links for users to access the infringing material on other websites. Under the Digital Millennium Copyright Act ("DMCA") providing links to infringing material is itself actionable as copyright infringement. 17 U.S.C. § 512 (d). Accordingly, you are under a legal obligation to remove such links from your website. Id. Specifically, the following posts contain links to infringing material:
http://www.kittyradio.com/soapbox/sh...t=3026&page=40 In post 788 there is a link to You Tube wherein there is a video of Ms. Love performing "Never Go Hungry Again." Providing a link to this material infringes Ms. Love's copyright in the musical composition.
http://www.kittyradio.com/soapbox/sh...=12721&page=24 In post 463 there is a link to You Tube wherein there is a video of Ms. Love performing "Sunset Marquis" with Linda Perry. Providing a link to this material infringes Ms. Love's copyright in the musical composition. Moreover, in post 472 of this same thread, there are three links to a site which is streaming the following three songs from Ms. Love's forthcoming album: "Sunset Marquis;" "PCH;" and "Rhiannon." Providing links to this material infringes Ms. Love's copyrights in the musical compositions and sound recordings.
Finally, it has come to our attention that users are using the forums to trade and sell unauthorized bootlegs of Ms. Love's, Hole's and Nirvana's music. This infringes the copyrights in the underlying musical compositions. Moreover, these recordings constitute unauthorized bootlegs under Title 17 U.S.C. § 1101. The distribution of these unauthorized recordings constitutes copyright infringement. Having been provided notice of this activity on your website you will be liable for contributory copyright infringement should you fail to remove these posts and terminate the offending parties' access to the forums. Specifically, bootlegs are being offered for sale or trade in the following posts:
http://www.kittyradio.com/soapbox/showthread.php?t=8256 A user going by the name "Rat Race" has offered numerous Hole, Nirvana, and Courtney Love bootlegs for sale.
http://www.kittyradio.com/soapbox/showthread.php?t=6400 A user going by the name "jennystalin" has offered numerous Hole and Courtney Love bootlegs for sale.
The use of the foregoing material in this manner is not authorized by the copyright owner, her agents, or the law. As you are aware, under the DMCA, having now been informed that this infringing material can be accessed via your website, you will be liable for contributory copyright infringement should you fail to take action and remove all links, lyrics, and offers for sale of unauthorized bootlegs. 17 U.S.C. § 512 (c) & (d). Copyright infringement is punishable through the imposition of injunctive relief as well as actual damages, or in the alternative statutory damages up to $150,000 per infringement, punitive damages, attorney's fees and costs of suit. Please confirm immediately that will cooperate and remove the offending material.
