Tuesday, April 06, 2010

IPR Update 1: "The fellow has now been cut down to size" Aly Zaker - and my Lawyers response to Asiatic MCL

Hi All,

I thanks everybody for your active participation and thoughtful comments on the previous note and while much has been bandied about “who did what to whom and why" . I have been maintaining a stoic silence on the issue for this is not about one Maqsoodul Haque – Mac and his work in the public domain, but indeed a stand for all musicians and their IPR in the country. A lot has transpired in-between, and curious as it may sound, no participant has openly mentioned the name of the promotional/advertising agent of NOKIA.

However by some stroke of dIVINE intervention - the proverbial Cat is now out of the Bag. Please read below a communication from Asiatic MCL and my lawyers which is self explanatory and the level of arrogance that they can stoop to steal and pilfer off our due rights. Also read my 1994 'pROPHETIC Tribute' to our so-called 'progressive elements'!

"Heroin er byabsha korey tumi
buli aurraccho mANOBOTAr,
r Tejoshkriyo dodh amdani korey, gorey tulcho kalo Taka pahar,
tobey Shondhey eley,
kono shuddho shongeet er ashorey,
tumi sHANGSKRITIr pristhoposhokota koro,

r whiskey shebon koro, whiskey shebon koro,

Ejooger paduka ejooger proshadhuni,

ejooger boro kotha ejooger hoirani, tumi jooger dohai diye seminar lecture ey,
naak shitkiye bolo, BONDHO KORO EI OSHIL BAND BAAJI,

tobey Band Shongeet jodi oshlil hoi,
r Naripokkho jokon nirob roi,
tomar protiti ponnyo bikri te byabohar dekhi keno, Bigyaponer shoto shur shuri rOMONI"

Mac !

Reply To Asiatic MCL from my Lawyer

Ms. Zertab Quaderi

Associate Director –
Brand Communication
Asiatic MCL
Asiatic Center,
House 63, Road 7B,

Block H, Banani,
(T) +880 (0)2 933 3303 (F) +880 (0)2 987 0222

Re: Usage rights of 'Feedback' songs for Nokia Campaign promotion.

Dear Madam,

My client, Mr. Maqsoodul Haque has forwarded me your e-mail dated Apr 5, 2010 which was sent by you at 6:40 PM (which is beyond the regular office hours), on the above subject. In the said e-mail you have suggested that my client acknowledge the receipt of the same within the ‘next 24 hours’.

This simple fact of sending a mail beyond office hours and then demanding receipt displays serious malafide intent on your part and I have reasons to believe that there are ulterior motives behind your communication, which I will state hereinafter.

In the said e-mail you have referred to a meeting between you and my client held at Asiatic JWT office on 31 March, 2010. But you have simply omitted to mention the Legal Notice sent by me on my client’s behalf on Thursday, 1st April, 2010. Also you stated that it was “agreed in the meeting Asiatic JWT (on behalf of Nokia) will not use any of the songs written or composed by you” – but you have failed to attach any copy of the said agreement signed between yourself and my client.

In the said e-mail you have also stated that the songs in question that my client claims to hold Intellectual Property Rights have been removed from your initial list of songs. This statement actually proves beyond reasonable doubts that without the written prior permission of my client, you entered into a commercial agreement with his erstwhile band “Feed Back” totally sidelining and ignoring the interests of my client.

At the same time I take serious exceptions to the use of your language that my client ‘claims’ to be the holder of the Intellectual Property Rights (IPR). As per Section 17 of the Copy Right Act, it is my Client who has the first right and is indeed the absolute holder of IPR of the songs. He has been given the credit of the same in the album sleeves, which I am sure, being the leading Advertising Agency of the Country yourself, and your client NOKIA, has seen and was fully aware of.

It is strange that you have chosen to go forward with your campaign usurping my client’s IPR without even bothering to contact him in the first place. Moreover, till 9.00 PM last evening, after about two hours of you sending the mail to my client, the songs of my client were not removed from the list. I have in my records a screenshot of the said website showing the time which signifies the fact, that you sent the said e-mail without ascertaining whether the said songs were actually removed from the list. Evidence to that effect will be produced before the appropriate authority as and when needed.

As for as the new song list is concerned, my client has no comments to make on those at this moment of time. In the said e-mail you have stated that neither Nokia nor Asiatic JWT has any intention to indulge in controversies or disputes regarding the ongoing project. However this statement seems a little far-fetched as at 8.52 PM, of 5th April, 2010, my client received a further e-mail from your Managing Director Mr. Aly Zaker. The said mail was also sent to you and to following e-mail addresses :“abhishek@asiaticjwt.com”, “nasserfoad@yahoo.com”, and “neville@asiaticjwt.com”.

And I am quoting the said e-mail verbatim below for ready reference:

“From: Date: Mon, Apr 5, 2010 at 8:52 PM
Subject: Re: Usage rights of 'Feedback' songs for Nokia Campaign promotion
To: Zertab , machaque@gmail.com Cc:abhishek,nasserfoad@yahoo.com, and “neville@asiaticjwt.com”.

Mighty good. The fellow has now been cut down to size. Best.AZ

This e-mail is not only highly offensive; rather it shows that this whole business was conducted to teach my client a lesson and further humiliate, abuse, degrade and insult him publicly – when the controversy in question has indeed been initiated by your agencies inept and unprofessional conducts – and thus the insinuations to my client are personal in nature and completely out of line.

The line “The fellow has now been cut down to size” signifies that since the beginning of your so called campaign your aim was to somehow discredit my client, for reasons best known to you. This bolsters our suspicion as mentioned above.

Apart from the above stated fact, a huge number of public at large have been deceived in to logging onto the website of your client, in the hope of listening to my client’s song- they also attended the country wide public concerts where songs by my clients were performed in a re-mixed format. This amount to deception and fraud and your agency knowingly did the same as is clear from your e-mail.

Under the circumstances, I request you to put an immediate stop to the said campaign of NOKIA forthwith until the issues are resolved or I have clear instruction to take appropriate legal steps in both Civil and Criminal jurisdiction against you and your principal Nokia. A copy of this letter is kept in my chambers for future reference.

A copy of this letter is sent to you via e-mail, courier and also registered post.

(Aneek R. Haque)
Barrister at Law

CC: Mr. Prem Prakash Chand General Manager, Nokia Emerging Asia Nokia, Concord IK Tower, Plot # 02, Block CEN (A), Gulshan North Avenue, Gulshan, Dhaka1212, Bangladesh Tel: 88-02-882-5454 Fax: 88-02-881-4012 ……………………. For information and necessary steps.

From Asiatic MCL :

Dear Mr. Maqsoodul Haque,

Usage rights of 'Feedback' songs for Nokia Campaign promotion.

In reference to our discussion at the Asiatic JWT office on 31 March, 2010 regarding the usage rights of Feedback songs for promotional activities of Nokia, please be informed that the songs in question that you claim to hold Intellectual Property Rights for, have been removed from our initial list of songs.

As agreed in the meeting, Asiatic JWT (on behalf of Nokia) will not use any of the songs written or composed by you in the current Nokia campaign. After consulting with Feedback regarding the issue, we have been provided with a new list of 20 songs which Feedback claims to have sole ownership.

The songs are: (1) Ei din Chirodin, (2) Udashi Ei Mone, (3) Janala, (4) Kemon Kore Hai, (5) Jhhao Bone, (6) Phire Esho, (7) Dur Theke Dure, (8) Bidrohi, (9) Annodo, (10) Emoni Rate, (11) Abar Mela, (12) Moushumi-1, (13) Ak Jhhak Projapoti, (14) Mone Munia, (15) Amar Dibar Kichu, (16) Aye Mone Manena Mana, (17) Cholo Jai Shohor Theke, (18) Swadesh, (19) Ami Jare Chai Re, (20) Amar Notun Akashe.

We would like to request you to kindly acknowledge receipt within the next 24 hours. It should be further noted that neither Nokia nor Asiatic JWT has any intention to indulge in controversies or disputes regarding the ongoing project. Therefore, abiding by the Copyright Act 2000, we commit to do everything deemed necessary in staying within the purview of the Act. Regards,

Ms. Zertab Quaderi

Associate Director – Brand Communication
Asiatic MCL


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