Contract analysis

I. The Copyrighted Works Ms. Fonseca is a Grammy-nominated singer-songwriter, composer, and recording artist whose career spans approximately twenty-eight years. Over the course of that career, she has released nine critically acclaimed studio albums spanning Latin pop, jazz, and contemporary R&B, earning three Grammy Award nominations and two Latin Grammy Awards. She is widely recognized as one of the most accomplis

II. The Infringement Our investigation reveals that since at least January 1, 2019, Crescendo has been streaming, reproducing, distributing, publicly performing, and digitally transmitting the forty-seven musical compositions and thirty-two sound recordings identified in Exhibit A through the Crescendo Stream platform, all without securing any mechanical license, synchronization license, master use license, public pe

III. The Expired Blanket License — No Authorization Calderwood & Harkness LLP is aware that Crescendo previously held a blanket license to certain of our Client's works through Peregrine Music Group, LLC ("Peregrine"), a California limited liability company that served as a digital music distributor for independent artists, including Ms. Fonseca. The Peregrine Music Group License Agreement (the "Peregrine License") w

IV. Demands In light of the foregoing, our Client makes the following demands, each of which must be fully complied with within the time frames specified:

1. Immediate Cessation of All Unauthorized Use. Crescendo must immediately cease and desist from all reproduction, distribution, public performance, digital audio transmission, and sublicensing of the works identified in Exhibit A, and any other works from our Client's catalog, through the Crescendo Stream platform, sublicensed content packages provided to commercial clients, or any other medium, format, or distribut

2. Removal and Takedown. Crescendo must remove all of our Client's works — including, without limitation, all forty-seven musical compositions and all thirty-two sound recordings identified in Exhibit A — from the Crescendo Stream platform and from all sublicensed content packages provided to any commercial client within ten (10) business days of the date of this letter (i.e., no later than March 20, 2023). This remo

3. Preservation of Evidence. Crescendo must immediately preserve — and must take affirmative steps to ensure the preservation of — all documents, data, communications, and records relating in any way to Crescendo's use of our Client's works, including but not limited to: (a) All streaming logs and usage data reflecting plays, downloads, or other access to any of our Client's works; (b) All content management system r

4. Full Accounting. Crescendo must provide a full and complete accounting of all streams, downloads, sublicensing revenue, and any other exploitation of our Client's works from January 1, 2019 to the present. This accounting must be broken down (i) by individual work (identifying each composition and sound recording separately), (ii) by calendar quarter, and (iii) by distribution channel (i.e., direct-to-consumer str

5. Payment of Back-Royalties and Damages. Crescendo must pay to our Client all back-royalties and damages owed for the unauthorized exploitation of our Client's works, in an amount to be determined following receipt and review of the full accounting demanded above. Based on a preliminary analysis conducted by our Client and her representatives, our Client estimates that back-royalties owed are no less than $1,087,200

V. Statutory Damages Exposure Crescendo should be aware of the significant statutory damages exposure it faces. All forty-seven musical compositions and all thirty-two sound recordings at issue were timely registered with the United States Copyright Office, entitling our Client to elect statutory damages under 17 U.S.C. § 504(c) in lieu of actual damages and profits. For non-willful infringement, statutory damages ra

VI. Response Deadline and Litigation Warning Calderwood & Harkness LLP demands a substantive written response to this letter within fifteen (15) business days of the date hereof — i.e., no later than Monday, March 27, 2023. A "substantive response" must include, at a minimum, each of the following: (a) Confirmation that Crescendo has ceased all unauthorized reproduction, distribution, public performance, digital audi

VII. Reservation of Rights This letter is without prejudice to any and all rights and remedies available to our Client under federal and state law, including but not limited to claims under the Copyright Act of 1976, as amended (17 U.S.C. § 101 et seq.), state unfair competition statutes, and common law causes of action for unjust enrichment and conversion. All such rights and remedies are expressly reserved. Nothing