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We have recently encountered a few situations involving
other people's web sites. For that reason, our legal representatives
feel we should officially address this at this time. Especially in light
of the disaster we encountered with the New Order fan club recently.
There are severe restrictions that are placed on us by record labels and
artists, in order for us to operate legitimately. Many of the
"rules" were implemented years ago after the legal problems
with Logic Records. This escalated to the point of being made mentioned
in Billboard magazine! The result of which forever altered the way we do
business in the future. Eventually even the R.I.A.A. out of Washington
D.C. got involved and we passed with a "five star" rating.
Thanks to Logic Records, we reinvented ourselves and imposed even
harsher regulations on ourselves in order to keep everyone happy. This
resulted in the following terms for operation, currently stated in our
contracts:
In our contracts, we are not allowed to have anyone represent us,
distribute our product, re-sale or advertise us in anyway. These
agreements are quite strict and can not be altered in any way.
That is why we are not sold in stores. This is why we do not take ads
out in magazines, (only 4 in 14 years). That is precisely why we got so
upset with the New Order fan club just days ago for actually advertising
something we did not even have back our signed contracts yet from the
label. (That was horrific and I don't want a repeat performance!) Any
one of these things would seriously jeopardize our ability to function
and hinder our future operations.
No other remix service actually functions quite like we do. We actually
have the record labels AND artist sign off each mix before we can
release it. (Our FEDEX bill is outrageous!) In that agreement, it states
all the things that we are and are not allowed to do to
"promote" each release.
One of the problems that we have been having lately is 50 year old
artists (I won't mention names) who's careers are over, flat broke and
lot's of time on their hands, seeing our web site. Desperately seeking a
"loop hole" in our contract, they go out and hire a lawyer in
an effort to get additional royalties for something we had permission on
12 years ago. I don't want to elaborate to much, but let me suffice to
say that I do not enjoy looking up contracts from 12 years ago, (where
it states they have waived all future royalty payments in exchange of me
receiving full payment for my services), just to prove our innocence!
Which brings us to our point.
Many of you are running your own sites or are visiting sites that make
reference to us in some way. You don't realize that according to our
contracts, we are technically responsible for what you do and say to the
point that some may "misinterpret" your intentions or actions.
The main legal problem is those sites that offer MPEG3 downloads of our
actual remixes. Oh my God... this is so dangerous; I can't even begin to
tell you what the consequences would be for us! We would be shut down in
a heart beat!!
So what would be considered "appropriate" behavior for a web
site wanting to make mention of us?
It is completely legitimate for anyone to make mention of us in the form
of an article, (good or bad) and to have a hyperlink back to our web
site What is NOT appropriate is any direct displays of our issues,
(especially showing the actual jackets, track listings... etc). Someone
out there could misinterpret that our product is being
"offered", even though it is not. In addition, I've already
mentioned the dreaded, "MPEG3" transfers, ... absolutely NOT!
As much as we hate to do it, we must insist that all references to us be
restricted to just a general descriptive paragraph and where to find us.
Many of you know how Art and I felt about tattletales in the past, but
this is quite different. If we are found in violation of our
"contract" restraints, we will not be able to function and you
will NOT be able to enjoy our offerings any longer. So please try to let
us know of any sites you have encountered along the way that might be
jeopardizing us in any way.
Thanks for your time,
Joseph & Yale
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