[rumori] Wow! My first cease & desist!

The Evolution Control Committee (eccATpobox.com)
Sun, 23 Jan 2000 04:53:29 -0500

on just how to play this whole thing.

     Friday morning Eerie Materials, who put out the Rocked By Rape single
we (The ECC) did combining AC/DC and Dan Rather, received a cease & desist
order from CBS regarding the piece's use of the opening theme music to the
CBS Evening News and Dan Rather's voice. Surprising, really -- I thought
for sure AC/DC would be the first ones to strike. ;-) Nonetheless, we
have legal threat not to sell any more or they'll "take appropriate legal
action" (i.e., we'll get sued). Neither I nor Eerie Materials are trust
fund babies, so we can't afford lawyers to take this to court. It's too
bad; I honestly believe that Rocked By Rape makes a valid artistic
statement and should be protected by the Fair Use clause and so on, but as
many of you know that's something you won't get the chance to prove without
about $20,000+ for legal fees.
     Now, this isn't to say that we'll take this quietly either... we
intend to yell and kick and scream about how "The Man" is putting us down
and so on. I'm going to write back to Sanford (are all evil Internet people
named "Sanford"?) and try to press him for some statements on how they
interpret things like this. I'll keep everybody here apprised of what's
happening. Eerie and ECC will be drafting up some press releases to be sent
out next week to bring attention to this. Meanwhile...

1) If you don't have one already, you might want to get a copy of Rocked By
Rape NOW... (I had intended to put a different version on the upcoming ECC
CD, but I guess I won't now)
2) If you have suggestions for where to send press releases, please let
me/us know...


- Mark G.

P.S.: Thought you might like to see an actual cease & desist order
(well... threat) up close:

>---------- Forwarded message ----------
>Date: Wed, 19 Jan 2000 11:17:42 -0500
>From: Kryle, Sanford I <sikryleATCBS.com>
>To: "'eerieATcrl.com'" <eerieATcrl.com>
>Ladies/Gentlemen: January 19, 2000
>A matter of serious concern has come to our attention. We have learned that
>you are offering for sale a sound recording containing the CBS EVENING NEWS
>opening theme and Dan Rather's voice (the "Materials").
>Your use of the Materials significantly infringes upon the copyrights owned
>by CBS. We hereby advise you that to copy, record, perform, exhibit,
>exploit, or otherwise use, CBS-owned, copyrighted material in whole or in
>part without its express written permission constitutes a serious
>infringement of CBS's exclusive rights in such material. Furthermore, your
>use of Mr. Rather's voice is interfering with his right of publicity and has
>created a false impression that Mr. Rather and CBS have endorsed or are
>connected with the sound recording which is misleading and deceptive to the
>Unless you immediately remove the Materials and any related material from
>distribution and display, and provide us with written assurances that all
>such use has stopped, and will not resume in the future, we will have no
>alternative but to take appropriate action to protect CBS's rights. We
>require receipt of such written assurance from you by no later than January
>21, 2000.
>CBS specifically reserves any and all rights and remedies with respect to
>your unauthorized use of the Material.
>Very truly yours,
>Sanford I. Kryle
>Associate General Counsel

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