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VIA EMAIL
February 22, 2005
TO: Website: www.parterre.com
Re: RENEE FLEMING/"La
Cieca"
Dear Ladies and Gentlemen:
I am writing on behalf of Universal Classics Group, a Division of
UMG Recordings, Inc. ("UCG"). It has come to our attention
that website www.parterre.com (the
"Website") is currently representing on its La Cieca page that an
MP3 it is making available for downloading is a recording by the Decca
Crossover artist Renee Fleming. Be advised that Renee Fleming is an
exclusive recording artist of UCG, and as such, UCG owns all rights to any
recordings by Renee Fleming as well as the exclusive right to use the
artist's name in association with recordings. UCG has not authorized
the use of artist's name or the use of any recordings for either commercial
or promotional purposes to you or your Website.
Please be advised that your use of artist's name in association with
a recording and/or any recording(s) by artist is unauthorized, in direct
violation of the rights of UCG, and may result in liability or substantial
legal sanctions. We hereby demand that you take the following
actions: 1) immediately cease and desist from any further use of artist's
name in association with recording(s) and from distributing or in any other
way exploiting recording(s) performed by the artist or alleged to be
performed by the artist, 2) immediately remove from your Website any
reference to Renee Fleming or Decca in connection with the distribution of
any recording(s), 3) confirm to us in writing within three (3) business
days that you have taken the foregoing actions and will refrain from
further unauthorized uses on your Website.
I await your prompt assurance in writing that you have ceased and
will desist from engaging in further unauthorized uses of artist's name,
the Decca name, and any references to recording(s) in association with
those names. This letter is not intended to be a complete statement
of the law and/or facts in connection with this matter, and UCG expressly
reserves all rights, legal, equitable or otherwise, with respect to any
claims or actions it may bring under applicable law, whether or not the
above-referenced violations of our rights are cured.
If you have any questions concerning this matter, please contact
Robin Zaremski at (212) 331-2545 or by email at [email protected].
Very truly yours,
Robin Zaremski
Business & Legal Affairs
Universal Music Group
cc: S. Gold, C. Roberts, E. Baisley
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