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:

> <> >

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

[reagan_fanatic]

Pricks.

[GailA]

Are we allowed to post the hanoi john/jane photo sans copyright image?

[PhilDragoo]

Vietnam Veterans Against John Kerry has this image up:

Fonda Kerry Valley Forge

The image has no Corbis watermark.

What is the status of this image, free to use, or not?

[Your Nightmare]

BTW, this image was not a parody. A parody "comments on and criticizes the original work." The modified image did not do that. If anything it was parodying Kerry (although that is a stretch), not the original work.

[Your Nightmare]

What is the status of this image, free to use, or not?

Not.

[potlatch]

Yes, Brit showed them at the end of his show. Weren't some of the shots taken from the Letterman Show?

[Wings-n-Wind]

Well said, Jim.
When you're soaring with the eagles...
Don't let the turkeys get you down...

Blessings....
Wings

[Krodg]

I see that Hon's pic has been pulled...does this mean that the unofficial "Freeper of the Year" will have to climb down from her high horse? Please let it be....

[tuesday afternoon]

Somebody let Bill Mher know. He was showing the pick on Real Time this week.

[FBD]

I got the image from Iconoclast.com, and posted it here, at several Kerry threads. Iconoclast was posting an altered photo, with a copyrighted parody below it.

I wonder if Iconoclast.com got the same atty. letter?

[FBD]

Jim,
Iconoclast.com is still posting this doctored parody picture.
Check it out:

http://www.iconoclast.ca/images/abushpeacerally.jpg

[onyx]

Interesting. Good PI work.

[NonValueAdded]

According to the Stanford Copyright & Fair Use pages (dare I post a link? Yes, I do: here) we are "inlining" images which is ok for thumbnails according to the 9th circus but that full size image "inlining" is not settled. Shaky enough ground to avoid.

There was other discussion in this thread about watermarks present or not present. I don't know about that but isn't there copyright information contained within the jpeg specification itself? Isn't that how Corbis came up with those identification numbers? If so, it may be possible to automatically screen for Corbis' material. Anything sized larger than a thumbnail could be rejected and a click on a thumbnail would cause the new window, "now leaving FR" treatment. Just a thought.

[FBD]

Jim, onyx, Meek, all;

The Iconoclast.ca, and Scrappleface.com is still posting this picture, along with the following parodied article:

http://www.iconoclast.ca/MainPage.asp?page=/newPage4.asp

February 12, 2004
Photo Proves 'AWOL' Bush Joined D.C. Peace Rallies
Photo link to scappleface.com:

http://www.scrappleface.com/images/PeaceBush.jpg

(Parody article, and photo, by Scrappleface.com):
http://www.scrappleface.com/images/PeaceBush.jpg

(2004-02-12) -- The Bush administration today released a photograph which it said verifies that a young George W. Bush was serving his country as a National Guardsman by attending "patriotic anti-war rallies with Jane Fonda and John Kerry in Washington D.C."

"The President felt at the time that the best way to serve his country was to support the anti-war movement," said White House press secretary Scott McClellan. "So, he hitched a ride in a VW microbus with some other patriots from his Alabama Guard unit, and went to cheer Jane and John."

Sen. Kerry said,
"This evidence finally puts to rest the scurrilous allegations about Mr. Bush's service in the National Guard. Now that it's been proven that my opponent was a faithful patriot, we can move on to a discussion of the issues facing our nation today."

[FBD]

Link to photo, which Scrappleface.com shows with a stamped copyright of their own. Scroll down the page, to check it out:

http://www.scrappleface.com/MT/archives/001581.html

[onyx]

The scrappleface insert of POTUS in uniform is very effective. It's easy to spot the insert and I wonder if that makes the difference?

[dennisw]

Also beware of inlining content. Inlining (sometimes referred to as "mirroring"), which is similar to framing, involves the process of incorporating a graphic file from one website onto another website. As with framing, the site whose graphic is being used is likely to object. For example, United Media, the copyright owner of the "Dilbert" comic strip, pressured a computer user into halting daily inlining of daily comic strips taken from the United Media website. In other case involving inlining of photographs, a search engine created small reproductions (“thumbnails”) of images and placed them on its own website. A court ruled that this practice was a fair use and not an infringement because the thumbnails were much smaller and of much poorer quality than the original photos and served to index the images and help the public access them. The court did not rule on whether the reproduction of the full sized image, not the thumbnail, was a fair use. (Kelly v. Arriba-Soft, 03 C.D.O.S. 5888 (9th Cir. 2003).)

[FBD]

I don't know, but I'll bet there are a hundred blogspots out there posting and linking, (and doctoring) that (original) photo. I find it interesting that Corbin would single out FR, and JimRob, don't you?

Plus, how can Scrappleface copyright a photo that is already copyrighted? Something fishy here...

[onyx]

Look at the links in #115. Tell me what you think, please?

[onyx]

Pinging torie --- we have questions for you.