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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[onyx]

BUMP

[FBD]

Title 17 U.S.C. Section 107 (Copyright law) "...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

[Your Nightmare]

Free Republic's non-profit status would be debatable. But that doesn't necessarily matter, just because an entity is non-profit does mean they can use all copyrighted material at their whim.

[Your Nightmare]

Was anyone using the original photo for criticism, comment, news reporting, teaching, scholarship, or research?

I would say no.

[MeekOneGOP]

[FBD]

"Was anyone using the original photo for criticism, comment, news reporting, teaching, scholarship, or research?"

1. Criticism... YES
2. Comment..... YES
3. news reporting.....YES

The pictures were posted on Kerry news threads, people were discussing his record of protesting the Vietnam war. It is a documentation of that fact, as it clearly has him aligned with Jane Fonda. The photo is the only real documentation of that fact.

Without that photo, would the public at large really believe (without doubt) that Kerry was at an anti-war rally with Hanoi Jane Fonda???

Kerry would have denied it, much as Billy Boy Clinton denied having sex with "that woman, Miss Lewinski". But no, disemination of that photo educated the otherwise ignorant public. This photo is the blue stained dress of evidence.

If criticism and discussion, on a news forum, of that otherwise unknown event about a Presidential candidate does not fall under the guidelines of *'fair use'*, than I don't know what would.

*'fair use' - US Copyright Law. Title 17 U.S.C. Section 107.*

[Your Nightmare]

You're missing an important point. To have fair use of a copyrighted work, you must be criticizing, commenting, or reporting on the copyrighted work, not some other subject. And even then, the use of that work is limited.

According to your logic, I could be on TV criticizing Kerry and playing Eminem's latest album in the background without any copyright issues. Just because I am criticizing something, does not bring all copyrighted works in the public domain.

[FairOpinion]

Actually the photo they complained about was the fake one, but that is certainly part of the "criticism" and "comment".

There was the REAL photo, which appeared at Newsmax, where Kerry is sitting behind Fonda at an anti-war rally, which is the real one. As far as I know THAT picture is NOT the property of Corbis.

[MeekOneGOP]

Nobody is playing Eminem music on the threads. We're posting KERRY pics on articles about John Frenchie Boy Kerry.

Nobody on FR is posting anything and profiting from it. I post a GREAT DEAL of graphics on FR and haven't made one penny doing so for going on THREE years now.

Corbis is Blowin' in the Wind methinks ...

[Your Nightmare]

Corbis is Blowin' in the Wind methinks ...

You think so. Try posting a Corbis image on this thread and see what happens.

[FBD]

>"According to your logic, I could be on TV criticizing Kerry and playing Eminem's latest album in the background without any copyright issues. Just because I am criticizing something, does not bring all copyrighted works in the public domain."<

Actually, it appears that one could actually critisize Kerry on public access cable, and play Eminem {music?}in the background! (Although I don't know why you would want to listen to Eminem?)

http://www.fwrv.com/articles.htm

[Grampa Dave]

Corbiss one mean SOB of a company to deal with.

We need to back off of this not to harm Jim and Free Republic.

To demostrate the power of copyrights re photos, take a family picture from a professional photog into a Freddie self service photo center. Then ask a clerk to help you make a copy. Inspite you paying for that photo of your family, you can't legally copy it.

Then take that same photo into another professional photo shop and ask them to make you some copies.

We need to back off of this before Jim and Free Republic get caught in an expensive lawsuit.

[Grampa Dave]

Corbiss one mean SOB of a company to deal with.

We need to back off of this not to harm Jim and Free Republic.

To demostrate the power of copyrights re photos, take a family picture from a professional photog into a Freddie self service photo center. Then ask a clerk to help you make a copy. Inspite you paying for that photo of your family, you can't legally copy it.

Then take that same photo into another professional photo shop and ask them to make you some copies.

We need to back off of this before Jim and Free Republic get caught in an expensive lawsuit.

[Old Professer]

I guess this ain't the day to post my opus, is it?

[FBD]

Plenty of articles at this site regarding "fair use"
Below is just one:

"USE OF UNLICENSED CLIP IN COMEDY CENTRAL PROGRAM IS FAIR USE"

http://www.fwrv.com/articles.htm

[Old Professer]

Nothing has done more damage than good done bad.

[MeekOneGOP]

One note that I probably ought to post here just for everybody's info:

Sabertooth warned the day that these Corbis pics came out that they were arse-holes and pursued their copyright rights. He was right.

I can't blame Jim if he doesn't wanna hassle with these jerks all the way to SCOTUS. That may be what it takes to get them off his back too.

Corbis - just G-r-r-r-r !!

I sure don't want to cause Jim Robinson another lawsuit, though ...

[Grampa Dave]

In the meantime we can use this graphic until the Frogs say that we need to pay to show the Woosie Tower.

[onyx]

WHOA! I LOVE THAT!

[MeekOneGOP]

See my #197 ...