cease-and-desist-letter-crescendo.docx

1035-00003 · Flor de Luna Publishing, LLC · Correspondence

cease-and-desist-letter-crescendo.docx DOCUMENT Litigation

4 / 12 ← → ✕

CALDERWOOD & HARKNESS LLP Attorneys at Law 777 South Figueroa Street, 34th Floor Los Angeles, California 90017 Telephone: (213) 555-7400 Facsimile: (213) 555-7401

March 6, 2023

VIA Sundial Data Systems AND EMAIL (p.chandrasekaran@crescendodm.com)

Ms. Priya Chandrasekaran General Counsel & SVP, Legal Affairs Crescendo Digital Media, Inc. 3100 Esperanza Crossing, Suite 600 Austin, TX 78758

Re: Unauthorized Use of Copyrighted Works of Marguerite D. Fonseca — DEMAND TO CEASE AND DESIST

Dear Ms. Chandrasekaran:

This firm represents Marguerite D. Fonseca, as well as her wholly-owned publishing entity, Flor de Luna Publishing, LLC, a California limited liability company, and her wholly-owned master recording entity, Mariposa Sound Recordings, LLC, a California limited liability company (collectively, "our Client"). We write concerning the unauthorized reproduction, distribution, public performance, and digital transmission of our Client's copyrighted musical compositions and sound recordings by Crescendo Digital Media, Inc. ("Crescendo"), a Delaware corporation headquartered in Austin, Texas. As you are aware, Crescendo operates a digital streaming and content aggregation platform under the brand "Crescendo Stream." This letter constitutes a formal demand that Crescendo immediately cease and desist from all unauthorized exploitation of our Client's copyrighted works, as described in detail below, and that Crescendo take the additional corrective actions specified herein.

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 accomplished independent artists working in those genres.

Ms. Fonseca is the author and sole copyright owner of a substantial catalog comprising 214 registered musical compositions and 188 registered sound recordings, all of which have been duly registered with the United States Copyright Office. Publishing rights in Ms. Fonseca's musical compositions are controlled exclusively through Flor de Luna Publishing, LLC. Master recording rights in Ms. Fonseca's sound recordings are controlled exclusively through Mariposa Sound Recordings, LLC. Administration of the catalog is handled by Thornfield Music Administration, Inc., a Los Angeles-based music administration firm, under the direction of its president, Raymond O. Sato.

At issue in this matter are forty-seven (47) specific musical compositions, bearing United States Copyright Office Registration Nos. PA 1-742-891 through PA 2-318-406, and thirty-two (32) associated sound recordings, bearing Registration Nos. SR 0-891-220 through SR 1-104-773, all as specifically identified in the attached Exhibit A (the "Schedule of Infringed Works"). All of these registrations were timely filed — that is, within three months of first publication or prior to the commencement of the infringement at issue — thereby qualifying our Client for an award of statutory damages and attorney's fees under 17 U.S.C. §§ 504(c) and 505. Registration dates for the forty-seven infringed compositions range from 1998 to 2021, reflecting the breadth and depth of a body of work that Crescendo has exploited without authorization for a period of over four years.

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 performance license, or any other form of authorization from our Client or from any of her authorized representatives, including Flor de Luna Publishing, LLC, Mariposa Sound Recordings, LLC, or Thornfield Music Administration, Inc.

The scope of Crescendo's unauthorized exploitation of our Client's works is substantial. In addition to direct-to-consumer streaming — Crescendo Stream currently maintains a subscriber base of approximately 2.3 million paying users — Crescendo has sublicensed curated music packages containing our Client's works to commercial clients across multiple industries, including fitness chains, hospitality brands, and retail environments. Our investigation has identified at least fourteen (14) commercial clients to which Crescendo sublicensed curated playlists containing our Client's works, generating sublicense revenue attributable to our Client's catalog of approximately $2,740,000 over the period from January 2019 through December 2022.

During this approximately four-year infringement period — January 1, 2019 through December 31, 2022 — Crescendo's platform logged a total of approximately 18,426,331 streams of our Client's works. Each of those streams constitutes a separate act of reproduction, distribution, and/or digital audio transmission for which no license or other authorization was obtained.

To be clear: none of this streaming, reproduction, distribution, public performance, digital audio transmission, or sublicensing was authorized by our Client, by Flor de Luna Publishing, LLC, by Mariposa Sound Recordings, LLC, or by Thornfield Music Administration, Inc. No license agreement — whether mechanical, synchronization, master use, or otherwise — has been in effect between our Client (or any of her authorized representatives) and Crescendo at any time since January 1, 2019. Crescendo's conduct constitutes willful copyright infringement in violation of Title 17 of the United States Code.

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") was effective January 1, 2016, and expired by its express terms on December 31, 2018.

The key terms of the Peregrine License are relevant and unambiguous:

(a) The Peregrine License was expressly non-transferable and non-assignable. Crescendo could not assign or transfer its rights under the license to any third party, nor could any third party succeed to Crescendo's rights thereunder.

(b) The Peregrine License contained no automatic renewal provision. By its express terms, the license was for a fixed three-year term and did not renew automatically upon expiration.

(c) The Peregrine License terminated upon the earlier of (i) the expiration of the stated term (December 31, 2018) or (ii) the dissolution of Peregrine, whichever came first.

Peregrine Music Group, LLC ceased operations in November 2018 — one full month before the Peregrine License's stated expiration date. Accordingly, the Peregrine License terminated no later than November 2018 by operation of its own terms. No successor license was negotiated or executed. No rights were assigned or transferred to Crescendo or to any other party following Peregrine's dissolution. As of January 1, 2019, Crescendo possessed no license, authorization, or other legal basis to reproduce, distribute, publicly perform, digitally transmit, or sublicense any of our Client's works.

Crescendo's continued use of our Client's works after December 31, 2018 — a period now exceeding four years — is entirely without authorization and constitutes copyright infringement under Title 17 of the United States Code, including but not limited to violations of 17 U.S.C. §§ 106(1) (reproduction), 106(3) (distribution), 106(4) (public performance), and 106(6) (digital audio transmission).

We note that Crescendo is not some unsophisticated individual user unaware of copyright requirements. Crescendo is a well-resourced digital media company that reported $189 million in revenue for fiscal year 2022, maintains licensing agreements with over 4,000 rights holders, and employs a General Counsel — you, Ms. Chandrasekaran — specifically responsible for rights management and licensing compliance. Crescendo's failure to verify the status of the Peregrine License — a license with a fixed, unambiguous expiration date printed in plain language on its face — for over four years, despite operating a sophisticated content management system specifically designed to track content clearance and licensing status, demonstrates, at a minimum, reckless disregard for our Client's intellectual property rights, and, at worst, willful infringement.

Upon information and belief, Crescendo's internal content management system tagged our Client's works as "cleared — blanket license," continuing to rely on the expired and non-renewed Peregrine License — a license that was neither valid nor in effect at any time during the entirety of the infringement period. A company of Crescendo's size, sophistication, and resources has no excuse for failing to implement adequate systems to ensure that expired licenses are flagged, that content associated with expired licenses is removed from its platform, and that rights holders are paid for the use of their creative works.

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 distribution channel, whether now known or hereafter developed. This demand is effective immediately upon receipt of this letter.

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 removal must be complete and permanent and must encompass all formats, metadata entries, cached copies, and archived versions of our Client's works maintained on Crescendo's servers or distributed to any third party.

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 records, including clearance tags, license status fields, metadata entries, and audit trails pertaining to our Client's works;

(c) All revenue reports, royalty statements, and financial records reflecting income generated from our Client's works, whether through direct streaming, sublicensing, advertising, or any other source;

(d) All sublicense agreements, amendments, schedules, and related correspondence with any commercial client to which Crescendo sublicensed content packages containing our Client's works;

(e) All internal communications — including emails, instant messages, memoranda, and meeting notes — regarding content clearance, licensing, rights management, or royalty accounting pertaining to our Client's works or to the Peregrine License;

(f) Any and all correspondence, agreements, or other communications with Peregrine Music Group, LLC, or its representatives, officers, directors, or agents.

This preservation obligation is immediate, ongoing, and applies to all documents and data in Crescendo's possession, custody, or control, regardless of format or storage location. Any destruction, alteration, or concealment of relevant evidence will be viewed as spoliation and will be raised with the court in any subsequent litigation.

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 streaming versus sublicensed commercial use). The accounting must be certified by an authorized officer of Crescendo and must be provided within the fifteen (15) business-day response period specified in Section VI below.

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, consisting of the following components:

(a) Unpaid mechanical royalties (compositions): $412,600, based on the statutory mechanical rate of $0.0091 per stream applied to 18,426,331 streams, together with sublicense mechanical royalties attributable to the fourteen identified commercial sublicensees;

(b) Unpaid master use royalties (sound recordings): $548,200, based on comparable master license rates applied to 18,426,331 streams and associated sublicense exploitation;

(c) Unpaid performance royalties (estimated unremitted share): $126,400, representing the estimated share of public performance royalties that should have been collected and remitted to our Client but were not, due to Crescendo's failure to obtain proper licensing and to report usage to the applicable performing rights organizations.

This preliminary estimate of $1,087,200 represents a floor, not a ceiling. It does not include statutory damages enhancements available under 17 U.S.C. § 504(c), disgorgement of Crescendo's profits attributable to the infringement, or attorney's fees and costs incurred in connection with this matter, all of which our Client fully intends to pursue in any litigation that may follow.

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 range from $750 to $30,000 per work infringed. For the forty-seven compositions alone, this yields a statutory damages range of $35,250 to $1,410,000. When the thirty-two sound recordings are included, the total statutory damages range for non-willful infringement extends from $59,250 to $2,370,000.

For willful infringement, statutory damages may be increased up to $150,000 per work infringed under 17 U.S.C. § 504(c)(2). For the forty-seven compositions alone, the willful infringement ceiling is $7,050,000. When the thirty-two sound recordings are included, Crescendo's maximum statutory damages exposure for willful infringement is $11,850,000.

In addition to statutory damages, our Client is entitled to recover reasonable attorney's fees and full costs of suit under 17 U.S.C. § 505.

Given the totality of the circumstances — including Crescendo's status as a sophisticated, well-resourced digital media company with $189 million in annual revenue; its maintenance of an in-house legal department headed by a General Counsel specifically tasked with rights management and licensing compliance; the fixed, unambiguous, and easily verifiable expiration date of the Peregrine License; the absence of any renewal or successor license; the duration of the unauthorized use, spanning more than four years; and the scale of the exploitation, encompassing over 18.4 million streams and $2.74 million in sublicensing revenue — our Client believes that the infringement at issue is willful within the meaning of 17 U.S.C. § 504(c)(2), and she will seek enhanced statutory damages accordingly.

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 audio transmission, and sublicensing of our Client's works, effective immediately;

(b) Confirmation that all of our Client's works have been removed from the Crescendo Stream platform and from all sublicensed content packages provided to any commercial client;

(c) Confirmation that Crescendo has implemented a litigation hold and is preserving all documents, data, and records relating to its use of our Client's works, as specified in Demand 3 above; and

(d) A concrete, good-faith proposal for the payment of back-royalties and damages owed to our Client, supported by the certified accounting required under Demand 4 above.

If a satisfactory response is not received by March 27, 2023, our Client will file suit for copyright infringement in the United States District Court for the Central District of California without further notice to Crescendo. In such litigation, our Client will seek all available remedies, including but not limited to: actual damages and disgorgement of Crescendo's profits attributable to the infringement; or, in the alternative, statutory damages of up to $150,000 per work infringed; a permanent injunction prohibiting all further unauthorized use of our Client's works; and an award of reasonable attorney's fees and full costs of suit pursuant to 17 U.S.C. § 505.

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 in this letter shall be construed as a waiver, limitation, or relinquishment of any right, claim, or remedy available to our Client, whether arising under statute, contract, or common law. Our Client's willingness to afford Crescendo an opportunity to resolve this matter short of litigation should not be interpreted as any concession regarding the strength of our Client's claims, the merits of her legal position, or the weakness of any defense Crescendo may assert. Nor should the specific demands set forth herein be construed as an exhaustive statement of our Client's rights or the full scope of relief she intends to pursue.

We trust that Crescendo will give this matter the serious and immediate attention it warrants.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Alan Ngo, Partner Direct: (213) 555-7412

Email: a.ngo@calderwoodharkness.com

Enclosure: Exhibit A — Schedule of Infringed Works (47 compositions, Registration Nos. PA 1-742-891 through PA 2-318-406; 32 sound recordings, Registration Nos. SR 0-891-220 through SR 1-104-773)

cc: Marguerite D. Fonseca (via email) cc: Christy Bauer, Esq., Calderwood & Harkness LLP (via email)

EXHIBIT A

SCHEDULE OF INFRINGED WORKS

Exhibit A to Cease-and-Desist Letter dated March 6, 2023 Re: Unauthorized Use of Copyrighted Works of Marguerite D. Fonseca

Part I: Musical Compositions (47 Works)

Note: All registrations listed above were timely filed with the United States Copyright Office within three months of first publication or prior to the commencement of the infringement at issue, in accordance with 17 U.S.C. §§ 412, 504(c), and 505.

Part II: Sound Recordings (32 Works)

This schedule is based on our Client's preliminary investigation and review of Crescendo's publicly available platform content. Our Client expressly reserves the right to identify additional infringed works upon receipt of a full and complete accounting from Crescendo, as demanded in the accompanying cease-and-desist letter. The omission of any particular work from this schedule shall not be construed as a waiver of any rights with respect to such work.

No.	Title	Registration No.	Registration Date	Copyright Owner
1	Amanecer en la Bahía	PA 1-742-891	June 12, 1998	Flor de Luna Publishing, LLC
2	Cristales Rotos	PA 1-742-903	June 12, 1998	Flor de Luna Publishing, LLC
3	Viento del Sur	PA 1-755-218	September 4, 1998	Flor de Luna Publishing, LLC
4	Lluvia de Estrellas	PA 1-755-244	September 4, 1998	Flor de Luna Publishing, LLC
5	Sombra y Luz	PA 1-801-337	March 22, 1999	Flor de Luna Publishing, LLC
6	Río de Sueños	PA 1-801-352	March 22, 1999	Flor de Luna Publishing, LLC
7	Canción sin Nombre	PA 1-844-109	January 14, 2000	Flor de Luna Publishing, LLC
8	Horizonte Azul	PA 1-844-127	January 14, 2000	Flor de Luna Publishing, LLC
9	Despertar	PA 1-889-460	August 7, 2001	Flor de Luna Publishing, LLC
10	Fuego Lento	PA 1-889-488	August 7, 2001	Flor de Luna Publishing, LLC
11	Mar de Coral	PA 1-912-015	February 19, 2002	Flor de Luna Publishing, LLC
12	Alas de Papel	PA 1-912-039	February 19, 2002	Flor de Luna Publishing, LLC
13	Noche Eterna	PA 1-945-771	November 3, 2003	Flor de Luna Publishing, LLC
14	Latido	PA 1-945-802	November 3, 2003	Flor de Luna Publishing, LLC
15	Jardín Secreto	PA 1-978-154	May 21, 2004	Flor de Luna Publishing, LLC
16	Camino de Rosas	PA 1-978-189	May 21, 2004	Flor de Luna Publishing, LLC
17	Espejismo	PA 2-011-402	October 8, 2005	Flor de Luna Publishing, LLC
18	Puente de Cristal	PA 2-011-438	October 8, 2005	Flor de Luna Publishing, LLC
19	Soledad Brillante	PA 2-034-217	April 15, 2006	Flor de Luna Publishing, LLC
20	Luna Nueva	PA 2-034-250	April 15, 2006	Flor de Luna Publishing, LLC
21	Canto del Alba	PA 2-067-891	January 29, 2008	Flor de Luna Publishing, LLC
22	Tierra Firme	PA 2-067-923	January 29, 2008	Flor de Luna Publishing, LLC
23	Palabras al Viento	PA 2-089-144	July 11, 2009	Flor de Luna Publishing, LLC
24	Sinfonía Nocturna	PA 2-089-178	July 11, 2009	Flor de Luna Publishing, LLC

25	Ceniza y Oro	PA 2-105-633	March 3, 2010	Flor de Luna Publishing, LLC
26	Isla de Silencio	PA 2-105-670	March 3, 2010	Flor de Luna Publishing, LLC
27	Olas de Fuego	PA 2-128-411	September 18, 2011	Flor de Luna Publishing, LLC
28	Raíces	PA 2-128-445	September 18, 2011	Flor de Luna Publishing, LLC
29	Mariposa Nocturna	PA 2-149-208	February 6, 2012	Flor de Luna Publishing, LLC
30	Corazón Abierto	PA 2-149-241	February 6, 2012	Flor de Luna Publishing, LLC
31	Piedra y Agua	PA 2-170-553	August 24, 2013	Flor de Luna Publishing, LLC
32	Danza de Sombras	PA 2-170-590	August 24, 2013	Flor de Luna Publishing, LLC
33	Eclipse	PA 2-190-117	April 10, 2014	Flor de Luna Publishing, LLC
34	Vuelo Nocturno	PA 2-190-148	April 10, 2014	Flor de Luna Publishing, LLC
35	Cielo Partido	PA 2-211-875	November 2, 2015	Flor de Luna Publishing, LLC
36	Destello	PA 2-211-908	November 2, 2015	Flor de Luna Publishing, LLC
37	Sendero de Plata	PA 2-234-662	June 17, 2016	Flor de Luna Publishing, LLC
38	Arena Dorada	PA 2-234-699	June 17, 2016	Flor de Luna Publishing, LLC
39	Fragua	PA 2-255-310	January 9, 2017	Flor de Luna Publishing, LLC
40	Cascada Interior	PA 2-255-347	January 9, 2017	Flor de Luna Publishing, LLC
41	Resiliencia	PA 2-271-504	July 20, 2018	Flor de Luna Publishing, LLC
42	Umbral	PA 2-271-539	July 20, 2018	Flor de Luna Publishing, LLC
43	Refugio	PA 2-290-882	March 14, 2019	Flor de Luna Publishing, LLC
44	Constelación	PA 2-290-915	March 14, 2019	Flor de Luna Publishing, LLC
45	Semilla de Luz	PA 2-305-174	October 1, 2020	Flor de Luna Publishing, LLC
46	Verdad Desnuda	PA 2-318-371	May 27, 2021	Flor de Luna Publishing, LLC
47	Renacer	PA 2-318-406	May 27, 2021	Flor de Luna Publishing, LLC
No.	Title	Registration No.	Registration Date	Copyright Owner
1	Amanecer en la Bahía	SR 0-891-220	June 12, 1998	Mariposa Sound Recordings, LLC

2	Cristales Rotos	SR 0-891-247	June 12, 1998	Mariposa Sound Recordings, LLC
3	Viento del Sur	SR 0-904-518	September 4, 1998	Mariposa Sound Recordings, LLC
4	Lluvia de Estrellas	SR 0-904-540	September 4, 1998	Mariposa Sound Recordings, LLC
5	Sombra y Luz	SR 0-922-103	March 22, 1999	Mariposa Sound Recordings, LLC
6	Canción sin Nombre	SR 0-940-855	January 14, 2000	Mariposa Sound Recordings, LLC
7	Horizonte Azul	SR 0-940-879	January 14, 2000	Mariposa Sound Recordings, LLC
8	Despertar	SR 0-961-412	August 7, 2001	Mariposa Sound Recordings, LLC
9	Mar de Coral	SR 0-978-630	February 19, 2002	Mariposa Sound Recordings, LLC
10	Noche Eterna	SR 0-995-217	November 3, 2003	Mariposa Sound Recordings, LLC
11	Latido	SR 0-995-244	November 3, 2003	Mariposa Sound Recordings, LLC
12	Jardín Secreto	SR 1-008-891	May 21, 2004	Mariposa Sound Recordings, LLC
13	Espejismo	SR 1-019-310	October 8, 2005	Mariposa Sound Recordings, LLC
14	Luna Nueva	SR 1-032-775	April 15, 2006	Mariposa Sound Recordings, LLC
15	Canto del Alba	SR 1-041-002	January 29, 2008	Mariposa Sound Recordings, LLC
16	Tierra Firme	SR 1-041-038	January 29, 2008	Mariposa Sound Recordings, LLC
17	Palabras al Viento	SR 1-049-551	July 11, 2009	Mariposa Sound Recordings, LLC
18	Ceniza y Oro	SR 1-055-889	March 3, 2010	Mariposa Sound Recordings, LLC
19	Isla de Silencio	SR 1-055-920	March 3, 2010	Mariposa Sound Recordings, LLC
20	Olas de Fuego	SR 1-063-417	September 18, 2011	Mariposa Sound Recordings, LLC
21	Mariposa Nocturna	SR 1-070-204	February 6, 2012	Mariposa Sound Recordings, LLC
22	Corazón Abierto	SR 1-070-238	February 6, 2012	Mariposa Sound Recordings, LLC
23	Piedra y Agua	SR 1-076-550	August 24, 2013	Mariposa Sound Recordings, LLC
24	Eclipse	SR 1-081-113	April 10, 2014	Mariposa Sound Recordings, LLC
25	Cielo Partido	SR 1-086-871	November 2, 2015	Mariposa Sound Recordings, LLC
26	Destello	SR 1-086-905	November 2, 2015	Mariposa Sound Recordings, LLC

27	Sendero de Plata	SR 1-091-660	June 17, 2016	Mariposa Sound Recordings, LLC
28	Fragua	SR 1-095-307	January 9, 2017	Mariposa Sound Recordings, LLC
29	Resiliencia	SR 1-098-502	July 20, 2018	Mariposa Sound Recordings, LLC
30	Refugio	SR 1-100-880	March 14, 2019	Mariposa Sound Recordings, LLC
31	Semilla de Luz	SR 1-103-170	October 1, 2020	Mariposa Sound Recordings, LLC
32	Renacer	SR 1-104-773	May 27, 2021	Mariposa Sound Recordings, LLC

CALDERWOOD & HARKNESS LLP Attorneys at Law 777 South Figueroa Street, 34th Floor Los Angeles, California 90017 Telephone: (213) 555-7400 Facsimile: (213) 555-7401
March 6, 2023
VIA Sundial Data Systems AND EMAIL (p.chandrasekaran@crescendodm.com)
Ms. Priya Chandrasekaran General Counsel & SVP, Legal Affairs Crescendo Digital Media, Inc. 3100 Esperanza Crossing, Suite 600 Austin, TX 78758
Re: Unauthorized Use of Copyrighted Works of Marguerite D. Fonseca — DEMAND TO CEASE AND DESIST
Dear Ms. Chandrasekaran:
This firm represents Marguerite D. Fonseca, as well as her wholly-owned publishing entity, Flor de Luna Publishing, LLC, a California limited liability company, and her wholly-owned master recording entity, Mariposa Sound Recordings, LLC, a California limited liability company (collectively, "our Client"). We write concerning the unauthorized reproduction, distribution, public performance, and digital transmission of our Client's copyrighted musical compositions and sound recordings by Crescendo Digital Media, Inc. ("Crescendo"), a Delaware corporation headquartered in Austin, Texas. As you are aware, Crescendo operates a digital streaming and content aggregation platform under the brand "Crescendo Stream." This letter constitutes a formal demand that Crescendo immediately cease and desist from all unauthorized exploitation of our Client's copyrighted works, as described in detail below, and that Crescendo take the additional corrective actions specified herein.
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 accomplished independent artists working in those genres.
Ms. Fonseca is the author and sole copyright owner of a substantial catalog comprising 214 registered musical compositions and 188 registered sound recordings, all of which have been duly registered with the United States Copyright Office. Publishing rights in Ms. Fonseca's musical compositions are controlled exclusively through Flor de Luna Publishing, LLC. Master recording rights in Ms. Fonseca's sound recordings are controlled exclusively through Mariposa Sound Recordings, LLC. Administration of the catalog is handled by Thornfield Music Administration, Inc., a Los Angeles-based music administration firm, under the direction of its president, Raymond O. Sato.
At issue in this matter are forty-seven (47) specific musical compositions, bearing United States Copyright Office Registration Nos. PA 1-742-891 through PA 2-318-406, and thirty-two (32) associated sound recordings, bearing Registration Nos. SR 0-891-220 through SR 1-104-773, all as specifically identified in the attached Exhibit A (the "Schedule of Infringed Works"). All of these registrations were timely filed — that is, within three months of first publication or prior to the commencement of the infringement at issue — thereby qualifying our Client for an award of statutory damages and attorney's fees under 17 U.S.C. §§ 504(c) and 505. Registration dates for the forty-seven infringed compositions range from 1998 to 2021, reflecting the breadth and depth of a body of work that Crescendo has exploited without authorization for a period of over four years.
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 performance license, or any other form of authorization from our Client or from any of her authorized representatives, including Flor de Luna Publishing, LLC, Mariposa Sound Recordings, LLC, or Thornfield Music Administration, Inc.
The scope of Crescendo's unauthorized exploitation of our Client's works is substantial. In addition to direct-to-consumer streaming — Crescendo Stream currently maintains a subscriber base of approximately 2.3 million paying users — Crescendo has sublicensed curated music packages containing our Client's works to commercial clients across multiple industries, including fitness chains, hospitality brands, and retail environments. Our investigation has identified at least fourteen (14) commercial clients to which Crescendo sublicensed curated playlists containing our Client's works, generating sublicense revenue attributable to our Client's catalog of approximately $2,740,000 over the period from January 2019 through December 2022.
During this approximately four-year infringement period — January 1, 2019 through December 31, 2022 — Crescendo's platform logged a total of approximately 18,426,331 streams of our Client's works. Each of those streams constitutes a separate act of reproduction, distribution, and/or digital audio transmission for which no license or other authorization was obtained.
To be clear: none of this streaming, reproduction, distribution, public performance, digital audio transmission, or sublicensing was authorized by our Client, by Flor de Luna Publishing, LLC, by Mariposa Sound Recordings, LLC, or by Thornfield Music Administration, Inc. No license agreement — whether mechanical, synchronization, master use, or otherwise — has been in effect between our Client (or any of her authorized representatives) and Crescendo at any time since January 1, 2019. Crescendo's conduct constitutes willful copyright infringement in violation of Title 17 of the United States Code.
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") was effective January 1, 2016, and expired by its express terms on December 31, 2018.
The key terms of the Peregrine License are relevant and unambiguous:
(a) The Peregrine License was expressly non-transferable and non-assignable. Crescendo could not assign or transfer its rights under the license to any third party, nor could any third party succeed to Crescendo's rights thereunder.
(b) The Peregrine License contained no automatic renewal provision. By its express terms, the license was for a fixed three-year term and did not renew automatically upon expiration.
(c) The Peregrine License terminated upon the earlier of (i) the expiration of the stated term (December 31, 2018) or (ii) the dissolution of Peregrine, whichever came first.
Peregrine Music Group, LLC ceased operations in November 2018 — one full month before the Peregrine License's stated expiration date. Accordingly, the Peregrine License terminated no later than November 2018 by operation of its own terms. No successor license was negotiated or executed. No rights were assigned or transferred to Crescendo or to any other party following Peregrine's dissolution. As of January 1, 2019, Crescendo possessed no license, authorization, or other legal basis to reproduce, distribute, publicly perform, digitally transmit, or sublicense any of our Client's works.
Crescendo's continued use of our Client's works after December 31, 2018 — a period now exceeding four years — is entirely without authorization and constitutes copyright infringement under Title 17 of the United States Code, including but not limited to violations of 17 U.S.C. §§ 106(1) (reproduction), 106(3) (distribution), 106(4) (public performance), and 106(6) (digital audio transmission).
We note that Crescendo is not some unsophisticated individual user unaware of copyright requirements. Crescendo is a well-resourced digital media company that reported $189 million in revenue for fiscal year 2022, maintains licensing agreements with over 4,000 rights holders, and employs a General Counsel — you, Ms. Chandrasekaran — specifically responsible for rights management and licensing compliance. Crescendo's failure to verify the status of the Peregrine License — a license with a fixed, unambiguous expiration date printed in plain language on its face — for over four years, despite operating a sophisticated content management system specifically designed to track content clearance and licensing status, demonstrates, at a minimum, reckless disregard for our Client's intellectual property rights, and, at worst, willful infringement.
Upon information and belief, Crescendo's internal content management system tagged our Client's works as "cleared — blanket license," continuing to rely on the expired and non-renewed Peregrine License — a license that was neither valid nor in effect at any time during the entirety of the infringement period. A company of Crescendo's size, sophistication, and resources has no excuse for failing to implement adequate systems to ensure that expired licenses are flagged, that content associated with expired licenses is removed from its platform, and that rights holders are paid for the use of their creative works.
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 distribution channel, whether now known or hereafter developed. This demand is effective immediately upon receipt of this letter.
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 removal must be complete and permanent and must encompass all formats, metadata entries, cached copies, and archived versions of our Client's works maintained on Crescendo's servers or distributed to any third party.
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 records, including clearance tags, license status fields, metadata entries, and audit trails pertaining to our Client's works;
(c) All revenue reports, royalty statements, and financial records reflecting income generated from our Client's works, whether through direct streaming, sublicensing, advertising, or any other source;
(d) All sublicense agreements, amendments, schedules, and related correspondence with any commercial client to which Crescendo sublicensed content packages containing our Client's works;
(e) All internal communications — including emails, instant messages, memoranda, and meeting notes — regarding content clearance, licensing, rights management, or royalty accounting pertaining to our Client's works or to the Peregrine License;
(f) Any and all correspondence, agreements, or other communications with Peregrine Music Group, LLC, or its representatives, officers, directors, or agents.
This preservation obligation is immediate, ongoing, and applies to all documents and data in Crescendo's possession, custody, or control, regardless of format or storage location. Any destruction, alteration, or concealment of relevant evidence will be viewed as spoliation and will be raised with the court in any subsequent litigation.
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 streaming versus sublicensed commercial use). The accounting must be certified by an authorized officer of Crescendo and must be provided within the fifteen (15) business-day response period specified in Section VI below.
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, consisting of the following components:
(a) Unpaid mechanical royalties (compositions): $412,600, based on the statutory mechanical rate of $0.0091 per stream applied to 18,426,331 streams, together with sublicense mechanical royalties attributable to the fourteen identified commercial sublicensees;
(b) Unpaid master use royalties (sound recordings): $548,200, based on comparable master license rates applied to 18,426,331 streams and associated sublicense exploitation;
(c) Unpaid performance royalties (estimated unremitted share): $126,400, representing the estimated share of public performance royalties that should have been collected and remitted to our Client but were not, due to Crescendo's failure to obtain proper licensing and to report usage to the applicable performing rights organizations.
This preliminary estimate of $1,087,200 represents a floor, not a ceiling. It does not include statutory damages enhancements available under 17 U.S.C. § 504(c), disgorgement of Crescendo's profits attributable to the infringement, or attorney's fees and costs incurred in connection with this matter, all of which our Client fully intends to pursue in any litigation that may follow.
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 range from $750 to $30,000 per work infringed. For the forty-seven compositions alone, this yields a statutory damages range of $35,250 to $1,410,000. When the thirty-two sound recordings are included, the total statutory damages range for non-willful infringement extends from $59,250 to $2,370,000.
For willful infringement, statutory damages may be increased up to $150,000 per work infringed under 17 U.S.C. § 504(c)(2). For the forty-seven compositions alone, the willful infringement ceiling is $7,050,000. When the thirty-two sound recordings are included, Crescendo's maximum statutory damages exposure for willful infringement is $11,850,000.
In addition to statutory damages, our Client is entitled to recover reasonable attorney's fees and full costs of suit under 17 U.S.C. § 505.
Given the totality of the circumstances — including Crescendo's status as a sophisticated, well-resourced digital media company with $189 million in annual revenue; its maintenance of an in-house legal department headed by a General Counsel specifically tasked with rights management and licensing compliance; the fixed, unambiguous, and easily verifiable expiration date of the Peregrine License; the absence of any renewal or successor license; the duration of the unauthorized use, spanning more than four years; and the scale of the exploitation, encompassing over 18.4 million streams and $2.74 million in sublicensing revenue — our Client believes that the infringement at issue is willful within the meaning of 17 U.S.C. § 504(c)(2), and she will seek enhanced statutory damages accordingly.
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 audio transmission, and sublicensing of our Client's works, effective immediately;
(b) Confirmation that all of our Client's works have been removed from the Crescendo Stream platform and from all sublicensed content packages provided to any commercial client;
(c) Confirmation that Crescendo has implemented a litigation hold and is preserving all documents, data, and records relating to its use of our Client's works, as specified in Demand 3 above; and
(d) A concrete, good-faith proposal for the payment of back-royalties and damages owed to our Client, supported by the certified accounting required under Demand 4 above.
If a satisfactory response is not received by March 27, 2023, our Client will file suit for copyright infringement in the United States District Court for the Central District of California without further notice to Crescendo. In such litigation, our Client will seek all available remedies, including but not limited to: actual damages and disgorgement of Crescendo's profits attributable to the infringement; or, in the alternative, statutory damages of up to $150,000 per work infringed; a permanent injunction prohibiting all further unauthorized use of our Client's works; and an award of reasonable attorney's fees and full costs of suit pursuant to 17 U.S.C. § 505.
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 in this letter shall be construed as a waiver, limitation, or relinquishment of any right, claim, or remedy available to our Client, whether arising under statute, contract, or common law. Our Client's willingness to afford Crescendo an opportunity to resolve this matter short of litigation should not be interpreted as any concession regarding the strength of our Client's claims, the merits of her legal position, or the weakness of any defense Crescendo may assert. Nor should the specific demands set forth herein be construed as an exhaustive statement of our Client's rights or the full scope of relief she intends to pursue.
We trust that Crescendo will give this matter the serious and immediate attention it warrants.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Alan Ngo, Partner Direct: (213) 555-7412
Email: a.ngo@calderwoodharkness.com
Enclosure: Exhibit A — Schedule of Infringed Works (47 compositions, Registration Nos. PA 1-742-891 through PA 2-318-406; 32 sound recordings, Registration Nos. SR 0-891-220 through SR 1-104-773)
cc: Marguerite D. Fonseca (via email) cc: Christy Bauer, Esq., Calderwood & Harkness LLP (via email)
EXHIBIT A
SCHEDULE OF INFRINGED WORKS
Exhibit A to Cease-and-Desist Letter dated March 6, 2023 Re: Unauthorized Use of Copyrighted Works of Marguerite D. Fonseca
Part I: Musical Compositions (47 Works)
Copyright Owner: Flor de Luna Publishing, LLC
Note: All registrations listed above were timely filed with the United States Copyright Office within three months of first publication or prior to the commencement of the infringement at issue, in accordance with 17 U.S.C. §§ 412, 504(c), and 505.
Part II: Sound Recordings (32 Works)
Copyright Owner: Mariposa Sound Recordings, LLC
Note: All registrations listed above were timely filed with the United States Copyright Office within three months of first publication or prior to the commencement of the infringement at issue, in accordance with 17 U.S.C. §§ 412, 504(c), and 505.
This schedule is based on our Client's preliminary investigation and review of Crescendo's publicly available platform content. Our Client expressly reserves the right to identify additional infringed works upon receipt of a full and complete accounting from Crescendo, as demanded in the accompanying cease-and-desist letter. The omission of any particular work from this schedule shall not be construed as a waiver of any rights with respect to such work.
No. | Title | Registration No. | Registration Date | Copyright Owner
1 | Amanecer en la Bahía | PA 1-742-891 | June 12, 1998 | Flor de Luna Publishing, LLC
2 | Cristales Rotos | PA 1-742-903 | June 12, 1998 | Flor de Luna Publishing, LLC
3 | Viento del Sur | PA 1-755-218 | September 4, 1998 | Flor de Luna Publishing, LLC
4 | Lluvia de Estrellas | PA 1-755-244 | September 4, 1998 | Flor de Luna Publishing, LLC
5 | Sombra y Luz | PA 1-801-337 | March 22, 1999 | Flor de Luna Publishing, LLC
6 | Río de Sueños | PA 1-801-352 | March 22, 1999 | Flor de Luna Publishing, LLC
7 | Canción sin Nombre | PA 1-844-109 | January 14, 2000 | Flor de Luna Publishing, LLC
8 | Horizonte Azul | PA 1-844-127 | January 14, 2000 | Flor de Luna Publishing, LLC
9 | Despertar | PA 1-889-460 | August 7, 2001 | Flor de Luna Publishing, LLC
10 | Fuego Lento | PA 1-889-488 | August 7, 2001 | Flor de Luna Publishing, LLC
11 | Mar de Coral | PA 1-912-015 | February 19, 2002 | Flor de Luna Publishing, LLC
12 | Alas de Papel | PA 1-912-039 | February 19, 2002 | Flor de Luna Publishing, LLC
13 | Noche Eterna | PA 1-945-771 | November 3, 2003 | Flor de Luna Publishing, LLC
14 | Latido | PA 1-945-802 | November 3, 2003 | Flor de Luna Publishing, LLC
15 | Jardín Secreto | PA 1-978-154 | May 21, 2004 | Flor de Luna Publishing, LLC
16 | Camino de Rosas | PA 1-978-189 | May 21, 2004 | Flor de Luna Publishing, LLC
17 | Espejismo | PA 2-011-402 | October 8, 2005 | Flor de Luna Publishing, LLC
18 | Puente de Cristal | PA 2-011-438 | October 8, 2005 | Flor de Luna Publishing, LLC
19 | Soledad Brillante | PA 2-034-217 | April 15, 2006 | Flor de Luna Publishing, LLC
20 | Luna Nueva | PA 2-034-250 | April 15, 2006 | Flor de Luna Publishing, LLC
21 | Canto del Alba | PA 2-067-891 | January 29, 2008 | Flor de Luna Publishing, LLC
22 | Tierra Firme | PA 2-067-923 | January 29, 2008 | Flor de Luna Publishing, LLC
23 | Palabras al Viento | PA 2-089-144 | July 11, 2009 | Flor de Luna Publishing, LLC
24 | Sinfonía Nocturna | PA 2-089-178 | July 11, 2009 | Flor de Luna Publishing, LLC
25 | Ceniza y Oro | PA 2-105-633 | March 3, 2010 | Flor de Luna Publishing, LLC
26 | Isla de Silencio | PA 2-105-670 | March 3, 2010 | Flor de Luna Publishing, LLC
27 | Olas de Fuego | PA 2-128-411 | September 18, 2011 | Flor de Luna Publishing, LLC
28 | Raíces | PA 2-128-445 | September 18, 2011 | Flor de Luna Publishing, LLC
29 | Mariposa Nocturna | PA 2-149-208 | February 6, 2012 | Flor de Luna Publishing, LLC
30 | Corazón Abierto | PA 2-149-241 | February 6, 2012 | Flor de Luna Publishing, LLC
31 | Piedra y Agua | PA 2-170-553 | August 24, 2013 | Flor de Luna Publishing, LLC
32 | Danza de Sombras | PA 2-170-590 | August 24, 2013 | Flor de Luna Publishing, LLC
33 | Eclipse | PA 2-190-117 | April 10, 2014 | Flor de Luna Publishing, LLC
34 | Vuelo Nocturno | PA 2-190-148 | April 10, 2014 | Flor de Luna Publishing, LLC
35 | Cielo Partido | PA 2-211-875 | November 2, 2015 | Flor de Luna Publishing, LLC
36 | Destello | PA 2-211-908 | November 2, 2015 | Flor de Luna Publishing, LLC
37 | Sendero de Plata | PA 2-234-662 | June 17, 2016 | Flor de Luna Publishing, LLC
38 | Arena Dorada | PA 2-234-699 | June 17, 2016 | Flor de Luna Publishing, LLC
39 | Fragua | PA 2-255-310 | January 9, 2017 | Flor de Luna Publishing, LLC
40 | Cascada Interior | PA 2-255-347 | January 9, 2017 | Flor de Luna Publishing, LLC
41 | Resiliencia | PA 2-271-504 | July 20, 2018 | Flor de Luna Publishing, LLC
42 | Umbral | PA 2-271-539 | July 20, 2018 | Flor de Luna Publishing, LLC
43 | Refugio | PA 2-290-882 | March 14, 2019 | Flor de Luna Publishing, LLC
44 | Constelación | PA 2-290-915 | March 14, 2019 | Flor de Luna Publishing, LLC
45 | Semilla de Luz | PA 2-305-174 | October 1, 2020 | Flor de Luna Publishing, LLC
46 | Verdad Desnuda | PA 2-318-371 | May 27, 2021 | Flor de Luna Publishing, LLC
47 | Renacer | PA 2-318-406 | May 27, 2021 | Flor de Luna Publishing, LLC
No. | Title | Registration No. | Registration Date | Copyright Owner
1 | Amanecer en la Bahía | SR 0-891-220 | June 12, 1998 | Mariposa Sound Recordings, LLC
2 | Cristales Rotos | SR 0-891-247 | June 12, 1998 | Mariposa Sound Recordings, LLC
3 | Viento del Sur | SR 0-904-518 | September 4, 1998 | Mariposa Sound Recordings, LLC
4 | Lluvia de Estrellas | SR 0-904-540 | September 4, 1998 | Mariposa Sound Recordings, LLC
5 | Sombra y Luz | SR 0-922-103 | March 22, 1999 | Mariposa Sound Recordings, LLC
6 | Canción sin Nombre | SR 0-940-855 | January 14, 2000 | Mariposa Sound Recordings, LLC
7 | Horizonte Azul | SR 0-940-879 | January 14, 2000 | Mariposa Sound Recordings, LLC
8 | Despertar | SR 0-961-412 | August 7, 2001 | Mariposa Sound Recordings, LLC
9 | Mar de Coral | SR 0-978-630 | February 19, 2002 | Mariposa Sound Recordings, LLC
10 | Noche Eterna | SR 0-995-217 | November 3, 2003 | Mariposa Sound Recordings, LLC
11 | Latido | SR 0-995-244 | November 3, 2003 | Mariposa Sound Recordings, LLC
12 | Jardín Secreto | SR 1-008-891 | May 21, 2004 | Mariposa Sound Recordings, LLC
13 | Espejismo | SR 1-019-310 | October 8, 2005 | Mariposa Sound Recordings, LLC
14 | Luna Nueva | SR 1-032-775 | April 15, 2006 | Mariposa Sound Recordings, LLC
15 | Canto del Alba | SR 1-041-002 | January 29, 2008 | Mariposa Sound Recordings, LLC
16 | Tierra Firme | SR 1-041-038 | January 29, 2008 | Mariposa Sound Recordings, LLC
17 | Palabras al Viento | SR 1-049-551 | July 11, 2009 | Mariposa Sound Recordings, LLC
18 | Ceniza y Oro | SR 1-055-889 | March 3, 2010 | Mariposa Sound Recordings, LLC
19 | Isla de Silencio | SR 1-055-920 | March 3, 2010 | Mariposa Sound Recordings, LLC
20 | Olas de Fuego | SR 1-063-417 | September 18, 2011 | Mariposa Sound Recordings, LLC
21 | Mariposa Nocturna | SR 1-070-204 | February 6, 2012 | Mariposa Sound Recordings, LLC
22 | Corazón Abierto | SR 1-070-238 | February 6, 2012 | Mariposa Sound Recordings, LLC
23 | Piedra y Agua | SR 1-076-550 | August 24, 2013 | Mariposa Sound Recordings, LLC
24 | Eclipse | SR 1-081-113 | April 10, 2014 | Mariposa Sound Recordings, LLC
25 | Cielo Partido | SR 1-086-871 | November 2, 2015 | Mariposa Sound Recordings, LLC
26 | Destello | SR 1-086-905 | November 2, 2015 | Mariposa Sound Recordings, LLC
27 | Sendero de Plata | SR 1-091-660 | June 17, 2016 | Mariposa Sound Recordings, LLC
28 | Fragua | SR 1-095-307 | January 9, 2017 | Mariposa Sound Recordings, LLC
29 | Resiliencia | SR 1-098-502 | July 20, 2018 | Mariposa Sound Recordings, LLC
30 | Refugio | SR 1-100-880 | March 14, 2019 | Mariposa Sound Recordings, LLC
31 | Semilla de Luz | SR 1-103-170 | October 1, 2020 | Mariposa Sound Recordings, LLC
32 | Renacer | SR 1-104-773 | May 27, 2021 | Mariposa Sound Recordings, LLC

CALDERWOOD & HARKNESS LLP

EXHIBIT A

SCHEDULE OF INFRINGED WORKS

Record

Parties

Dates

Amounts