Copyright complaint from Corbis

email | Feb 3, 2004 | Corbis

[Jim Robinson]

Subject: Kerry/Fonda image

February 23, 2004

VIA EMAIL AND U.S. MAIL

Jim Robinson www.freerepublic.com P.O. Box 9771 Fresno, CA 93794 USA

RE: www.freerepublic.com

Matter ID: 14-0486/John Kerry/Jane Fonda Image

Dear Jim Robinson:

Corbis is one of the largest digital image licensing companies in the world. All of the images in Corbis’ collection are subject to federal and international copyright protection. Indeed, all of the works found on the www.corbis.com web site bear appropriate copyright notices. Furthermore, we have a responsibility to our photographers to protect their intellectual property and pursue any possible cases of improper use.

It has recently come to Corbis’ attention that your company’s web site, www.freerepublic.com, through the web pages:

http://209.157.64.200/focus/f-news/1080321/posts, http://www.berkeleydaily.org/photos/02-17-04/DoctoredKerry03%2Ejpg, http://www.freerepublic.com/focus/f-news/1074196/posts, http://209.157.64.200/focus/f-news/1080321/posts, http://www.vietnamveteransagainstjohnkerry.com/fonda_ker_vf.jpg, directly reproduces, adapts, displays, and distributes an unauthorized and altered version of Corbis images

#DWF15-563704 and #OF016339. This directly violates Corbis’ and the photographers’ exclusive rights to reproduce, adapt, display, distribute, and create derivative works.

Given the nature of the apparent copying and altering of this image, such infringements would be subject to statutory damages of $150,000 per infringement, in addition to costs and attorney’s fees.

Corbis hereby demands that you immediately provide the following information and assurances by no later than 3 p.m. Pacific Time, March 1, 2004:

(a.) Disclose to Corbis how the image was obtained and reproduced, including all use types, quantity or circulation as applicable, length of your use, and territory.

(b.) Disclose to Corbis all other uses or unintended uses of images.

(c.) Immediately cease and desist from any current or pending uses of Corbis images, including but not limited to displaying these images on your website and other printed materials.

(d.) Investigate the apparent use of Corbis’ materials on your web site and instruct all of your employees and independent contractors to immediately cease copying, distributing, modifying, displaying, or otherwise using any and all copies of Corbis materials. Please note that Corbis reserves the sole right to provide you with license for your use, and any license granted shall not waive any rights or remedies Corbis has relating to your unauthorized use, or claims by third parties arising out of your use.

(e.) Corbis asks that you provide written assurances that www.freerepublic.com has removed from its web site the materials identified above. Please confirm no later than March 1, 2004 that your company has taken the required action, and that it will refrain from any and all such actions in the future. You may contact me at (206) 373-6295, Sarah.Patsula@Corbis.com, or 720 Second Avenue, Suite 200, Seattle WA 98104-1742 USA.

Although Corbis is hopeful that this matter can be resolved quickly and amicably, if you have not complied with the above-noted demands, Corbis will take the additional measures necessary to protect its valuable intellectual property rights. Corbis is committed to protecting the rights of our photographers and to ensure the quality and integrity of their materials. Corbis reserves all rights and remedies.

We look forward to your prompt compliance.

Very truly yours,

Sarah Patsula Copyright Compliance Manager

Sarah.Patsula@corbis.com wrote:

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[FBD]

Thanks for the backup. From what I can ascertain, almost all parody appears to fall under "fair use."

Of course, that doesn't mean someone like Corbis still can't drag you into court, and make your life miserable...

[Antoninus]

I know! Maybe Corbis issues their employees mouses (mice) with no right click buttons?

They probably do, considering the graphic design industry is mostly Mac driven. ;-)

[ClintonBeGone]

Thanks for the backup. From what I can ascertain, almost all parody appears to fall under "fair use."

Expecially the ones that are not used for commerical gain. Just browsing through the literature, that seems to be a very big factor.

[autoresponder]

Kerry-11.html



http://00access.tripod.com/TarnishedHonor.gif

[GeronL]

BUMP

That we might have... flyer should become a chain letter! =o)

[weegee]

Corbis can't choose to selectively enforce their copyright.

Also you need to read the Constitution. Nothing carries a copyright "forever". Everything is supposed to enter the public domain after a reasonable period of time in which the owner has exclusive use (as is the case with patents).

"Fair use" permits some legal use of someone else's work before that copyright expires.

Article 1, Section 8, Clause 8

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Copyrights now are extended for over 100 years. Hardly the "limited time" the founders intended for the "authors/inventors" to have with their creations. Their creations' copyrights now long outlive the creators.

[MeekOneGOP]

ha ! Great animated gif ! ;^)

[henderson field]

Is Sarah Patsula an American? If so, has she signed the loyalty oath? Inquiring minds want to know.

[BushisTheMan]

I think that if it is satirical (a la Al Freaker), it is okay to use....as you pointed out, it was the court's response to the FOX challenge.

And I think many Freepers on this site are very satirical...more than Al Freaker.

What crybabies Corbis are!

[potlatch]

Great display, auto. I like your new 'Kerry-Clinton' gif!!

[potlatch]

That's why I ping you, Meek. I know you appreciate the cute ones.

[Houmatt]

Hold it. Are you sure it was U-2 and not the 2 Live Crew? I seem to recall reading about that in the newspaper and if IIRC, the latter was mentioned, not the former.

[Congressman Billybob]

The case name was Luther Campbell. I'd misremembered that fact. But my description of the legal analysis of the case is correct.

John / Billybob

[FormerACLUmember]

Bill Gates owns Corbis? I thought it was a two-bit Canadian outfit. I know that Gates bought the Bettman Archieve of images.

[LibertarianInExile]

Except that you're not talking about the same thing. The parody involved on Rush's show is not him stealing Shanklin's stuff--it's Shanklin using original songs produced by others in his parodies. Rush may have permission from Shanklin, but he needs no permission from the others because it is obviously parody.

Weird Al, on the other hand, has permission from others, because his songs are almost purely commercial, and he doesn't feel eager to litigate over his right to use such works. But he could, if he wanted to, use them freely. That's not just me saying it. The courts settled this issue pretty recently.

[LibertarianInExile]

You are correct. The IP squad bouncing around their legal opinions here have no clue.

[SunkenCiv]

It would serve the geek bastard right if Kerry got in and broke up microsoft.

It would also serve the lib state of Washington right. IOW, we shouldn't hold our breath. ;')

[Donaeus]

bump

[hoosierham]

Indeed!

The Founders gave us a "republic,if you can keep it."Now we are told we live in a democracy,and really it's turning rapidly to nannyism.

The original intent of the Constitution is more often ignored than cited by those in gov't.

[hershey]

I saw a piece on TV last week about a black rap artist who's made millions parodying songs written by as he put it, 'successful white guys'. He was sued for copywright infringement and won big time. The courts said parodys are free speech, and this guy's struck it rich. He says he never does anything original. Why bother?