THOMAS R. LEVY |
ATTORNEY AT LAW
I8 EAST 5OTH STREET - SEVENTH FLOOR
NEW YORK, N.Y. 10022
FAX (212) 644-6460
October 6, 2000
Mr. Frank Petersohn
RR 2, Blacksite 8
Canada V0N 3A0
Re: Handy Bros. Music Co., Inc.
Dear Mr. Petersohn:
I represent the interests of Handy Bros. Music Co., Inc., the owner of the copyrights in the musical compositions written by the late W.C. Handy. It has come to my attention that you are operating a website on the world wide web bearing a web address of "ingeb.org" which purports to list musical compositions in the public domain and encourages visitors to the site to use such musical compositions freely without permission from or payment to anyone.
You should be aware of the fact that Mr. Handy died in 1958. Consequently, in Canada, Germany and most other countries which subscribe to copyright terms measured by the life of the author plus 50 years, the copyrights in Mr. Handy's songs are valid and subsisting. Your false characterization of their copyright status represents a violation of my client's rights.
Demand is hereby made that you immediately remove these titles from your website, that you post a notice on the site that the W.C. Handy works were listed in error and are the subject of valid copyrights, that permission for the use of these songs can only be obtained through Handy Bros. Music Co., Inc of 1697 Broadway, New York, NY 10019 and that you wi11 refrain from listing any of such songs on the site in the future. A list of the my client's songs which we found on the website is attached to this letter. We further demand that you acknowledge your compliance with these demands within ten business days from the date of this letter.
The foregoing is sent without prejudice to any of my client's rights or remedies in the premises, all of which are hereby expressly reserved.
Yous very truly,
Thomas R. Levy