Notice of Copyright Infringement (Our Ref: 934143)
Recipient: patrickkellogg (the “Website”)
Sender: Ms Sharan Ghuman
Manager, Anti-Piracy Unit
PRS for Music
2 Pancras Square
London
N1C 4AG
United Kingdom
+44 (0) 20 3741 4743
notices.maps@prsformusic.com
2018-09-07
RE: Infringement of Copyright
I am the Manager, Anti-Piracy Unit at PRS for Music. PRS for Music is the operating company for UK music industry collecting societies, Performing Right Society Limited (PRS) and Mechanical-Copyright Protection Society Limited (MCPS). The membership of PRS and MCPS consists of songwriters, composers and music publishers. Through PRS for Music, PRS and MCPS license organisations to reproduce, play, perform and make available musical works, and the associated lyrics, on behalf of their members and their affiliated overseas societies. I am authorised to act on behalf of PRS for Music, PRS and MCPS.
PRS for Music licenses, manages and controls, inter alia, the right of communication to the public and/or the right of reproduction in the following copyright work(s) (the “Work(s)”):
WICKED GAME
It has come to my attention that the Website is consistently providing access to Work(s) as well as other copyright content. It is my good faith belief that the use of the Work(s) in this manner is not authorised and therefore amounts to infringement of copyright owned or controlled by PRS and/or MCPS.
Infringement(s) of the Work(s) (the “Infringement(s)”) can be located at the following URL(s):
http://www.patrickkellogg.com/…/Patrick_Kellogg_-_Wicked_Ga…
Without prejudice to our contention that you are already well aware of the extensive copyright infringements taking place through or facilitated by the Website, this letter puts you on unequivocally clear notice of the Infringement(s) and clear notice of facts and circumstances in which illegal activities are apparent.
Under penalty of perjury, I swear that the information in this notice is both true and accurate and I require you to take immediate action to ensure that the Website does not further infringe copyright in the Work(s). I also require you to remove, block or disable access to the Infringement(s) as a matter of urgency.
Should you wish to legitimise your service, please contact me for licensing information.
All rights of PRS for Music, PRS, MCPS and its members are expressly reserved.
Sharan Ghuman
Manager, Anti-Piracy Unit
PRS for Music
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And here is my reply:
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Hello Ms. Sharan,
This is an original work protected by parody rights here in the US.
I was inspired by the idea of taking a moody, sullen romantic song, and making a "dance remix" out of it. The piece has been featured in a comedy cabaret show here in New York City and used in a comedy podcast from Australia, and it is always understood by the audience to be humorous. For example, you might have been tipped off by the cheesy eighties synth drums and handclaps, and the sped-up silly voices that were like "Crazy Frog" (which was popular at the time I made this).
There is no way someone could accidentally confuse this with Chris Isaak's work. Independent dance remixes and fan art have been protected here with 'fair use' in the United States for decades. I hope you will not pursue further legal action - my ISP (Forethought) has examined this song and judged it to be appropriate for them to host it.
Patrick Kellogg