Copyright complaint from Corbis *ping* and pass it alongOh, yeah. The Kerry-Fonda pics. Yikes!
Please let me know if you want ON or OFF my General Interest ping list!. . .don't be shy.
Posted on 02/23/2004 6:30:44 PM PST by 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
See http://www.tfaoi.com/articles/andres/aa6.htm for more info.
This will open an interesting can of worms, however. With the possible exception of a browser-cached copy of the image, which I'll get to shortly, the image appears no where on Free Republic's servers. At the most, you have a slice of HTML with a link to the image source. You simply have a pointer at where the image is stored.
OK, so what about the poster's responsibility? Well, they didn't save the image either, all they did is create a pointer at a web address. They have no control over how that image is served up. In fact, the only place the image is "assembled" for viewing is on the personal computer of the person observing the image. And who might that be? Well, Corbis for one because they typed your URL information in their letter. Do you have a counterclaim against them for "publishing" as web address?
The real culprit here is the web site that serves up the image. Chances are that berkeleydaily.org is a licensee of Corbis but most likely not VVAJFK - duck and cover, guys. So the berk is the one serving up the image and therefore the proper target for Corbis. If the berk doesn't place access controls on their servers, that is no fault of FR, of the poster, or even of the viewer.
OK, about that browser cache. Anyone who views any web page is going to have cache files on their computer which are part and parcel of the viewing process. But no one else can see our cache file content. It is akin to having a hard copy of a newspaper with a Corbis-licensed photo on page one. It is a single copy integral to the viewing of that paper. That has to fall under a fair use exemption or someone needs to either nuke the 'net or change the law.
The kicker is the potential chilling effect on Internet journalism.
Meanwhile, get a lawyer to explain this to Corbis so you can counterclaim harassment if they pursue you further. In the end you would probably get reimbursed your legal fees, but IANAL.
Hey now careful there. Some wiseguy (or two or three) might be liable to register at DU and engage in whole-scale posting of Corbis materials there just to make a point. And we wouldn't want THAT to happen (snicker).
Copyright complaint from Corbis *ping* and pass it alongOh, yeah. The Kerry-Fonda pics. Yikes!
Please let me know if you want ON or OFF my General Interest ping list!. . .don't be shy.
So let's be crystal clear with Corbis: we don't have your images. We have a cross reference that tells people where to find and view the images. Go talk to the people that have the images. It isn't us.
If I'm not mistaken, the original ones did NOT have Corbis on them...it was not till later in the game, that they somehow copyrighted it.
I think I remember that from college.
just continue to apply the salve for a week and it should go away.
|
Figure it out. Bill Gates owns Corbis. She works for Corbis. In other words, she works for Bill Gates.
(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.
This demand is consistent with the average person's understanding of what a web page is. And for sure this rude compliance manager has shown she has little understanding of how an image can be hosted on another server
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
