From Rob Mise - Program Director, ENERGY 101.5 FM

CALGARY, AB - Rob Mise, PD of ENERGY 101.5 FM, was served with a cease and desist from Warner today after spinning Madonna’s new single “The Beat Goes On”.

VIA FAX (403.508.****) & ELECTRONIC MAIL (rob.mise@chumradio.com)
CKCE - 101.5 FM

535 7th Avenue SW

Calgary, AB T2P OY4

Attention: Rob Mise

Re: Madonna “The Beat Goes On”

Gentlepersons:

I am Associate Director, Business & Legal Affairs with Warner Bros. Records Inc. Warner Bros. Records Inc. (”Warner”) owns the copyright in the sound recording by Madonna entitled “The Beat Goes On” (the “Master”).

We have been advised that your station has broadcast the Master via terrestrial radio and/or satellite radio and/or otherwise. Warner has not yet provided any authorized copies of the Master to your station or any other radio station, nor has Warner distributed any copies of the Master for sale to the public.

Accordingly, any copy of the Master that you possess is an unauthorized reproduction of our sound recording, and your use of any such reproduction for use in your programming or in any other manner constitutes an infringement of our copyright therein. In addition, your broadcasting of the Master under these circumstances constitutes a violation of Section 43(a) of the Lanham Act.

We hereby demand that you immediately cease and desist from broadcasting the Master until the date on which it is officially authorized for broadcast, that you immediately deliver to your local Warner representative all copies of the Master which are in your possession and irretrievably remove and delete all copies of the Master from any archives, hard drives or other digital storage media within your direct or indirect control, and that you promptly inform us of the source from which you obtained any copies of the Master that are in your possession. If you do not comply with this demand immediately, we will seek whatever remedies are available to us under the United States Copyright law, the Lanham Act and any and all applicable domestic and international laws.

This letter is without prejudice to any and all rights and remedies that may be available to us, all of which are hereby specifically reserved.

Sincerely,

Mario Valdes

(Assistant to Charles W. Hamilton)

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