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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> Name: CD letter.pdf > CD letter.pdf Type: Acrobat (application/pdf) > Encoding: base64

[Behind Liberal Lines]

Corbis, as noted by other Freepers, is owned by Bill "Microsoft" Gates.

According to OpenSecrets.org, Gates is a big time Democrat Donor (his generosity being rewarded with, as I recall, the Clinton-Gore anti-trust suits).

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

[tet68]

Your response sounds credible to me, You answered every point raised, case closed.

Eagles Up!

[XHogPilot]

I'll be right back folks, I headed over to DU....

[farmfriend]

bttt

[foreverfree]

bump

[joesbucks]

It's no different than the Bill Clinton parody songs Rush Limbaugh plays on his show.

Except that Rush has permission or a contract to use Shanklin's songs.

[MizSterious]

I think I'd heard somewhere that Corbis was pretty hard-nosed about their copyrighted pictures. Hope this is the end of it.

[MJY1288]

The altered picture I saw did not have the "Corbis" logo on it, and I have seen the unaltered pic without their logo on it as well.

[ambrose]

ping.

[ClintonBeGone]

Except that Rush has permission or a contract to use Shanklin's songs.

You're missing my point. The question isn't whether Rush has permission from Shanklin, its whether Shanklin has or NEEDS permission from the creators of the songs he uses in his parodies.

[billorites]

"Meet the owner of Corbis - "

Didn't I used to get high with him?

[Physicist]

You're missing the point. Rush doesn't get sued by the writers of the original songs upon which the Shanklin parodies are based.

[CedarDave]

Don't forget to leave a hyperlink there!!

[P-Marlowe]

I believe that altering a picture for parody or satire is an exeption to the copyright laws and is permissible under the "Fair Use" doctrine. Perhaps one of our intellectual property law freeper attorneys can confirm this.

[GeronL]

I guess we should have expected this when Corbis and the photographer threatened to sue the maker of the parody.

Whoever has that parody should go post it on every leftwing site they can find =o)

Just kidding. Please do not violate any copyrights.

[WayneM]

or her?

[BipolarBob]

How the heck we don't know it was a Corbis employee that posted that just to drum up trouble?

[joesbucks]

The point is corbis is claiming the ownership to the intellectual property that the photo was derived from. It would be like taking a copyrighted picture of President Bush from the NYT and using it. It would likely result in hot water again for FR if such were used. He's public domain. A copyrighted photo of him isn't.

[Alouette]

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

[Humidston]

I wonder if FR is the ONLY site they're probing. If not, maybe a few enterprising FReepers might scout out OTHER offending sites that may be posting their image and report those as well.

Oh yeah, and I wonder if they're going after Fox News and Bill Mahr (sp?) who also displayed that photo on national television within the past 24-48 hours??

Heck, if all these people want to gang up on FR, they'd better start leaning equally on ALL other reported venues as well!