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Contract analysis / takedown-demand-velvet-stream.docx
takedown-demand-velvet-stream.docx
1017-00003 · 11 clauses
High · 3 Medium · 2 Standard · 0
I. AURELIUS'S COPYRIGHTS AND PROPRIETARY RIGHTS High
⚑ Non-compete / exclusivity restraint
I. AURELIUS'S COPYRIGHTS AND PROPRIETARY RIGHTS Aurelius is the owner or exclusive controller of the United States and worldwide copyrights in a vast and commercially significant catalog of audiovisual works, including feature films and television series produced, acquired, and distributed by Aurelius and its subsidiaries over the past three decades. As a result of decades of investment in creative development, produ
II. VELVET STREAM'S UNAUTHORIZED DISTRIBUTION OF AURELIUS CONTENT
II. VELVET STREAM'S UNAUTHORIZED DISTRIBUTION OF AURELIUS CONTENT Calderwood & Harkness's investigation, supported by detailed forensic analysis conducted by CipherTrace Analytics, LLC ("CipherTrace"), a digital media forensics firm retained by Aurelius in connection with this matter, has confirmed that Velvet Stream Partners, LP is currently distributing and publicly performing Aurelius-owned audiovisual works throu
III. STREAMNOW'S LACK OF AUTHORIZATION — THE MDD CHAIN High
⚑ Non-compete / exclusivity restraint
III. STREAMNOW'S LACK OF AUTHORIZATION — THE MDD CHAIN Calderwood & Harkness's investigation has further established that StreamNow's purported rights to the Aurelius content are entirely without foundation. StreamNow claims to have obtained distribution rights to the Aurelius catalog through a so-called "Content Distribution Agreement" allegedly executed on or about March 15, 2024, with Meridian Digital Distributors
IV. LEGAL CLAIMS AND LIABILITY EXPOSURE High
⚑ Non-compete / exclusivity restraint
IV. LEGAL CLAIMS AND LIABILITY EXPOSURE Velvet Stream's ongoing and unauthorized reproduction, distribution, and public performance of the 217 Aurelius titles through its FAST channels constitutes copyright infringement in violation of 17 U.S.C. §§ 106 and 501 of the United States Copyright Act. Each unauthorized reproduction, distribution, and public performance of each copyrighted work constitutes a separate act of
V. DEMANDS
V. DEMANDS In light of the foregoing, Aurelius hereby makes the following demands:
1. Immediate Cessation and Removal of All Aurelius Content
1. Immediate Cessation and Removal of All Aurelius Content Aurelius demands that Velvet Stream immediately cease all reproduction, distribution, and public performance of all 217 Aurelius-owned audiovisual works identified in Exhibit A hereto, as well as any other Aurelius content not yet identified that may be present on Velvet Stream's platforms, across all Velvet Stream FAST channels and platforms, in all territor
2. Preservation of Records Medium
⚑ Liability cap to check against exposure
2. Preservation of Records Aurelius demands that Velvet Stream immediately implement a litigation hold and preserve all documents, communications, and electronically stored information ("ESI") relating to the matters described in this letter. This obligation extends to, but is not limited to, the following categories of records: (a) All agreements, contracts, sublicenses, content distribution agreements, amendments,
3. Accounting. Aurelius further requests that Velvet Stream provide a full and complete a
3. Accounting. Aurelius further requests that Velvet Stream provide a full and complete accounting of all revenues, viewership data, advertising impressions, and other financial metrics attributable to the distribution and performance of Aurelius content through Velvet Stream's channels during the entire period of unauthorized use, from approximately April 1, 2024, through the date on which all Aurelius content is re
VI. RESERVATION OF RIGHTS Medium
⚑ Liability cap to check against exposure
VI. RESERVATION OF RIGHTS This letter is not intended to be, and shall not be construed as, a waiver of any of Aurelius's rights, remedies, or defenses, all of which are expressly reserved in their entirety. Without limiting the generality of the foregoing, Aurelius expressly reserves: (a) The right to pursue all available legal remedies, including but not limited to claims for copyright infringement, contributory an
VII. RESPONSE DEADLINE AND CONTACT INFORMATION
VII. RESPONSE DEADLINE AND CONTACT INFORMATION Velvet Stream is directed to confirm in writing that all Aurelius content has been permanently removed from its platforms, and to respond substantively to the demands set forth herein, within ten (10) business days of the date of this letter—that is, no later than March 28, 2026. All responses, confirmations, and other communications relating to this matter should be dir
VIII. CLOSING
VIII. CLOSING Aurelius trusts that Velvet Stream will act promptly and in good faith to address the serious matters raised in this letter, and that Velvet Stream will take immediate steps to comply with each of the demands set forth above. The unauthorized exploitation of Aurelius's valuable copyrighted content has been ongoing for nearly two years, and further delay in remedying the situation is neither acceptable n