1 Little Collins Street
G.P.O. Box 4387QQ
Telephone: +61 3 9254 2888
Facsimile: +61 3 9254 2880
Ausdoc: DX 30817
In association with:
Davies Collison Cave,
Patent & Trade Mark Attorneys
BY REGISTERED POST
Mr David Gerard
XX Xxxxxxx Street
PRAHRAN VIC 3181
Re: Unauthorised use of Copyright Material
We act for the Religious Technology Centre ("RTC").
Our client is the exclusive licencee of copyright in certain materials relating to the Advanced Technology of the Scientology religion (the "Copyright Works"). The Copyright Works are registered with the US Copyright Office and include the materials relating to the level known as "NOTS".
The Copyright Works constitute original literary works under the Copyright Act 1968 (the "Act"). Pursuant to section 31(1)(b) of the Act, our client has the exclusive right to reproduce or publish the Copyright Works or substantial parts of the Copyright Works. Section 36(1) of the Act provides that the copyright in a literary work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorises the doing in Australia of, any act comprised in the copyright.
It has come to our client's attention that you have reproduced and published certain of the Copyright Works. In particular, our client refers to posting on the Internet of the "NOTS" works the subject of US Copyright Office Registration Nos. TXu 257326 and 257527.
Our client has not given you, or anyone else, permission to reproduce or publish the Copyright Works. Pursuant to sections 31 and 36 of the Act, your actions in reproducing and publishing our client's Copyright Works constitutes an infringement of our client's copyright in those works.
23 April, 1997
Our client is not seeking to become involved in litigation, but it will take any actions necessary to protect its intellectual property rights. It therefore demands that you agree to, and comply with, the following terms:
[signed Ian R. Taylor]
DAVIES RYAN DE BOOS
I agree to resolve this matter on the terms set out above.
Mr David Gerard