Sunday, April 04, 2010

Maqsoodul Haque's Legal Notice to NOKIA



April 1, 2010

To,

Mr. Prem Prakash Chand
General Manager
Nokia Emerging Asia
Nokia
Concord IK Tower,
Plot # 02, Block CEN (A),
Gulshan North Avenue,
Gulshan
Dhaka1212
Bangladesh

Re: Legal Notice

Dear Sir,

I have been instructed by my client Mr. Maqsoodul Haque of "Chaya Neer", Apartment # 4, House # 8, Road 15, Sector 4, Uttara, Dhaka- 1230, Bangladesh (permanent address: Citadel Bauliana, 6F, Pallabi, Block # 8-1/A, Mirpur, Dhaka, 1221) to serve you with a legal notice as follows:

01. That my client is one of the most eminent musician and cultural activist of the Country. In his illustrious career as a musician, he has written, composed and arranged many songs, which became everlasting hits and gained immense popularity with the mass people.

02. That my client once was an erstwhile member of the popular music band “Feed Back” from 1976 to 1996. During his time with the band, he has written, composed and sang many songs, which are still popular and have became legendary on their own merits. A complete list of songs, which he has written and composed are attached herewith. My client is also given credit of those songs in the albums of “Feed Back”. In reality his unique mastery “Vocal” nuances have become signatory and synonymous with the name of the Band and a large portion of mass attend live concerts on the mistaken belief that my client is still an active member of “Feed Back”.

03. That as per the Copyright Act 2000, a person, who writes a song becomes the holder of the first right of such “work” and as such for the songs, which my client wrote, and composed, he holds the first right to copyright as per the prescription of law (Section 17 of the aforementioned Act of 2000).

04. That recently it has come to my client’s attention that, your company as part of promotion of your products, have launched a campaign, which invites people to submit names of “Feed Back” songs which would be remixed and released.

05. That, it is a well known fact that majority of the famous songs of the Band “Feed Back” were written, composed and sung by my client. And as per the law, he has the first right to copyright to all those materials. But in your promotional material, you have named the band generically, which means songs of my client are also part of your campaign. Neither you nor your advertising/promotional agent or the members of the existing band “Feed Back” have ever bothered to seek his consent/permission in writing.

06. That if you remix any song, to which my client has the first right, then you will be contravening the law of the land and will be liable to be taken to the Court.

07. That moreover, if you have decided not to use songs of my client, then by not mentioning the same in your promotional campaign, you are deceiving a large number of populace, who have naturally assumed that songs of my client will be a part of the campaign and have logged into your website to vote.

08. That in this online voting list as of writing this legal notice - 6(six) songs are those of my client.

9. Aside in the nationwide live concerts series of the band “Feed Back” in the buildup to the finale as part of your media campaign – my client’s songs re-mixed versions are being performed by “Feed Back” to induce the audience to vote. These actions on your part amounts to fraud and you may be facing criminal prosecution in that aspect.

10. That my client, has given me clear instructions to bring this to your notice and also to request you the following:

a) If you decide to remix any of his song after his prior approval, then to guarantee him his due royalty after taking his written permission to use the songs.

b) If not, then to make it clear in your promotions, that the songs of my client (list attached) are not going to be remixed, so that general public is not deceived.

And finally till these issues are not resolved:

c) To immediately suspend the campaign and compensate him for the emotional distress and embarrassment caused by your actions.

In the circumstances as stated above, I request you to take the necessary action to remedy the situation as soon as possible. If there is any confusion, you can contact me for clarification.
A copy of the legal notice is kept in my chambers for future reference.

Thanking you.


(Aneek R. Haque)
Barrister at Law (Gray's Inn), LLB (Hons) (Wolverhampton)
Advocate, Supreme Court of Bangladesh


CC:

01. Mananging Director
Asiatic Marketing Communication Ltd
Asiatic Center,
House 63, Road 7B,
Block H, Banani,
Dhaka-1213 …………………………….. for information and necessary action.

02. Foad Nasser Babu
Band Leader,
Feed Back
Art of Noize Studio,
67/4, Kakrail,
Pioneer Road, Dhaka. ……………….. for information.


(Aneek R. Haque)
Barrister at Law
Justiciars
Apt#1, House # 47,
Oriental Prantic #1
Road # 1
Dhanmondi 1205, Bangladesh
Phone: 88-029663795
www.justiciars.com

FAX: 88-02-9663794
Email: aneekrh@gmail.com

ATTACHMENT:

LIST OF MAQSOODUL HAQUE’S ORIGINAL SONGS/
COMPOSITIONS/ADAPTATIONS WITH ERSTWHILE BAND FEEDBACK 1976 - 1996


Album “Ullash” – Sargam Production - 1987:

1. Majhi – Voice, Concept, Tune, Voice and Lyrics
2. Tomar Chithi: Concept, Tune, Voice and Lyrics
3. Moushumi (Part 1) Karey Bhalo Basho Tumi: Voice
4. Udashi Ei Mone - Voice
5. Chokh (Adaptation/Concept) – Voice and Lyrics


Album “Mela” – Sargam Production – 1990:

1. Mela (Melai Jairey) – Concept, Tune, Voice and Lyrics
2. Moushumi (Part 2) Tar Buker Aligoney Lukiye – Concept, Tune, Voice and Lyrics
3. Jibon Jala – Concept, Tune, Voice and Lyrics
4. Palki – Happy Jai (Part 1) - Concept, Tune, Voice and Lyrics
5. Goudhuli (Adaptation) Concept, Voice and Lyrics
6. Jonmechi Ei Jugey - Concept, Tune, Voice and Lyrics


Album “Joar” – HMV/EMI – India – 1992

1. Majhi 91 – Majhi Tor Radio Nai - Concept, Tune, Voice and Lyrics
Album: “Bangabda 1400” – Soundtek Production – 1994
2. Geeti Kobita (Part 1) Mone Porey Tomai - Concept, Tune, Voice and Lyrics
3. Geeti Kobita (Part 2) Dhonyobad Hey Bhalobasha- Concept, Tune, Voice and Lyrics
4. Goudhuli (Adaptation) – Voice and Lyrics
5. Uccho Podosto Todonto Committee – Concept, Tune, Voice and Lyrics
6. Shamajik Koushto Katinyo – Concept, Tune, Voice and Lyrics
7. Telephone E Phish Phish – Concept, Tune, Voice and Lyrics
8. Palki 2 – Emni Korey shobai Jabey Jetey Hobey – Concept, Voice and Tune
9. Bhiru Mon (Adaptation) Concept, Voice and Lyrics

1 Comments:

Anonymous hira said...

Was waiting for your step for a long time. Good to see it finally..

4:13 AM  

Post a Comment

Links to this post:

Create a Link

<< Home