Elvis
site forced to close BMG
Sony/BMG
has forced the closure of an Elvis website for offering bootleg
material on line.
"I
don't understand why?" said the site owner, "RCA has no legal
copyright to ANY of the material I sell, and especially since
many were recorded by members of my family with their own
personal recorders."
The
owner of the former site http://elvisbootlegs.tripod.com,
went on to say:
"It's
a true shame that RCA is doing this to my site because they
only want the fans to hear the few select items they put out
on CD, even though most of it is the same exact material they
have been feeding us for 50 years. RCA does not want you to
hear the other 1200 concerts that they will not put on disc,
and they want to take down anybody that can supply that material.
After all of these years, the Elvis fans still want more.
It's just too bad that RCA and the Elvis Presley Estate do
not agree"
Here
is the letter from Sony/BMG:
The
RCA Records Label May 2, 2005 Via E-Mail, Federal Express
and Certified Mail - Return Receipt Requested
http://elvisbootlegs.tripod.com Re: Unauthorized Distribution
of Elvis Presley Recordings
It
has come to our attention that you are currently offering
via your internet website sound recordings embodying the musical
performances of Elvis Presley,
Such
distribution has not been authorized by RCA, nor has it been
authorized by the Elvis Presley Estate. The Infringed Recordings
are available via http://elvisbootlegs.tripod.com (the \"Site\").
Be
advised that RCA is the sole party authorized to manufacture
and distribute, and to authorize others to manufacture and
distribute, sound recordings embodying musical performances
of Elvis Presley. Furthermore, RCA has the exclusive right
to use the name and likeness of Elvis Presley in connection
with the distribution of sound recordings.
In short, the distribution (and any other exploitation) by
you of the Infringed Recordings and/or use of Elvis Presley\'s
name in connection therewith is in clear violation of RCA\'s
rights. By this letter, you are put on formal notice that
any further distribution will be deemed willful, subjecting
you to claims of, among other things, enhanced statutory damages
under federal copyright law and punitive damages.
We
hereby demand that you immediately cease and desist from any
and all further distribution of the Infringed Recordings,
including, without limitation, via the Sites described above.
Please contact the undersigned no later than the close of
business Thursday, May 5, 2005, to confirm your prompt compliance.
This
letter is not intended to be a complete statement of all the
facts or circumstances concerning this matter, and is sent
without prejudice to RCA\'s rights, remedies and contentions,
all of which are expressly reserved.
Very
truly yours, Michael Manuelian Director, Business & Legal
Affairs The RCA Records Label (212) 930-7020
cc:
Gary Hovey (Estate of Elvis Presley)
J.
Walker
(News, Source: Elvis Express)
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