> Due to a possible copyright issue, your song: Mueslix Parody (Juciy
> Fruit cover)has been placed on hold. If you have a license for the
> copyrighted item, you may faxit to (858) 623 7009 Attn: S. You may
> also scan & email any agreements you may have. For your reference, I
> have included a copy of our policy on the use of copyrighted material:
> MP3.com does not allow the use of copyrighted material unless you have
> legally cleared all samples or obtained a mechanical license allowing
> you to perform a song including the use of elements thereof (art,
> music, film, video games, etc.). The same applies to covers, remixes
> of other people's songs and samples from movies, TV or video games.
> MP3.com also does not allow the use of copy written artwork. If you
> knowingly have other tracks currently posted on MP3.com, please remove
> them or edit out the samples. This policy is also located in your
> artist agreement. More information on licensing can be found in the
> FAQ section in our Artist area, or at www.nmpa.org/hfa.html.
> jaydread@mp3.com
> Musicology/MP3.com


Dear Jaydread,
  I understand you're under certain pressures there at mp3.com which
might make you extra cautious with every move you make for a while
as a "corporate entity," but I must ask you to reconsider a possible
overreaction.
  Please familiarize yourself with copyright law between the years
1988 and '92. I worked that all through in a law library in New London,
CT right after I'd written that song, and also my song "Gotham City
501 Blues," also known as "Honey I Shrunk The Batman T-Shirts." You
will see as I have that I am in the clear on this.
  All of the songs I have up on your server at this time were
copyrighted by me in 1988. I co-wrote "Hey Mon" with my best friend
Carl, whereas the other songs were written entirely by me. "Shortest
Song" was written many years later and I haven't paid Library of Congress
for my rights to that one yet.
  I will take these songs off your server if I am formally forced to
but I truly hope it does not come down to this. My only reason for
writing songs is to share them with other people, and I don't wish
to make any money off of them, to be quite honest with you. I'm right
now coming into a space where I make everything I need to live on
entirely from performing my own songs in both folk genre and classical
guitar.
  I've been dubbing cassette copies of the Muselix parody since 1988.
It's recorded on DAT, CD and cassette, and has been offered to radio
stations in quite a few states all these years. No one has ever contacted
me with problems to date. Frankly you're the first who've ever mentioned
any kind of difficulties.
  I'd be more than happy to sign some kind of "indemnity clause" or something
removing you from all responsibility so that if Wrigleys (Juicy Fruit) or
Ralston Purina (Muselix) need to act - it can be between me and them, and
you'll be happily out of the "loop."
  I don't have anything I can fax you really. My mother has my LOC paperwork
in a strongbox somewhere, and I occasionally ask her to find it so that I
can make some certified copies in case of something like this and she keeps
saying, "yeah, sure, I'll find it for you," each time I ask. So the most
you're liable to get for now is a sworn statement from me with the "true
to the best of my knowlege" thingie at the end.
  I'm trying to keep from getting really picky here, but in your policy
my songs don't fit anywhere. Cover, remix, other person's song, sample.
I've done none of this.
  Please look at as much of the "parody" sections to the current copyright
laws as you can. I'd really like http://www.mp3.com to be a good first
point where people can find these songs. I mean no harm to anyone. I
understand the spirit and the letter of what you're trying to accomplish
here in your company. I'll work with you any way I can. Please tell me
you can work with me also.

s/
marco capelli
http://www.mp3.com/MarcoCapelli
http://flag.blackened.net/ati
http://www.frucht.org/muselix.mp3