Letter from MediaBay


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Posted ByMichael Parks on August 14, 2001 at 17:24:23:

I received this document in an email from MediaBay when I made a request for legal documents proving their claims.

"

August 14, 2001

BY EMAIL

Mr. Michael Parks
parks@cyberia.com

Re: Sale of OTR Programs

Dear Mr.Parks:

I am in receipt of your email regarding your interest in selling old-time radio shows on your web site. Please be advised that Radio Spirits, a subsidiary of MediaBay, Inc., maintains an extensive audio library containing thousands of titles of old-time radio programs. Radio Spirits has expended large amounts of time, money and effort over the last twenty years researching the ownership of the programs in its library and entering into primarily exclusive licensing arrangements with the rights holders. As a result, Radio Spirits’ library has become a valuable asset of the company.

To the extent that you begin selling or otherwise distributing programs for which Radio Spirits has the exclusive rights, be assured that Radio Spirits will vigorously protect its rights under U.S. laws in order to receive appropriate legal relief to redress those violations. Please be advised that, under U.S. laws, in addition to injunctive relief, compensatory damages and attorneys’ fees, you may be liable for statutory damages which can be as high as $20,000 for each work infringed and may increase to $100,000 for each work infringed in the case of willful copyright infringement.

I can appreciate your interest in wanting to sell old-time radio programs but it is important that you understand our position on this. Also, I would like to let you know that Radio Spirits has developed an “Associates Program” whereby participants are entitled to offer old-time radio via an interactive banner on their own web sites and are able to receive compensation for referrals from their web sites to ours. The terms and conditions of this program are located at http://www.mediabay.com/affil/signup.asp. Please check it out and let me know if you have any questions.

This letter is neither an exhaustive statement of our legal position, nor a waiver of any of Radio Spirits’ or MediaBay’s rights, all of which are expressly reserved. Please call me if you would like to discuss this matter.

Very truly yours,

RADIO SPIRITS, INC.
MEDIABAY, INC.


Michael Herrick
Chief Executive Officer

"

There is is, Notice PRIMARILY exclusive!
Meaning, "we have some exclusive rights to some shows, but we are claiming them all".

If we want these shows we have to get together.

Michael Parks



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