Corbis knocks on Freerepublic's door

[Loonman]

http://www.freerepublic.com/focus/f-news/1084067/posts

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, , 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 [phone], [e-mail], 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

[xultar]

1. How do u like that you freeping Morans! n/t

[Bronco69]

2. ROFL!

I wonder what excuse RimJob will come up with so he doesn't have to pay the fine.

[meegbear]

3. First Newsweek, now this ...

these guys are boneheads.

[Cooley Hurd]

4. What did you expect from a known hate-group?

I'll bet Corbis took a ton of shit because one of their photos was modified to make it appear that Kerry & Jane Fonda were up on the same stage together during an anti-war rally (in reality, such a thing never took place).

Freeper karma is black... very black. And it's coming home to roost.

Couldn't have happened to a nicer bunch of freeps...

[markses]

5. I despise the freepers like poison

But I'll be damned before I get behind a copyright suit like this one.

[KharmaTrain]

6. Guess You've Never Seen A C & D Letter Before...

This is a standard Cease & Desist letter that goes out to websites that link to copywrited material. Usually this is when someone puts a graphic or offending graphic into a post on a message board...be it freeperville or here. All that they want is to remove the image...the link can remain...

Chances of this going to court are nil since there's nothing worth going after. I ran a website and got a similar letter...asked my attorney about it and we figured we could push for them (a large corporation) to sue us...make lots of noise in the media and eventually have it thrown out since the website had little to no assets. Instead, we just waited three days, removed the image, kept the link and no one was the wiser. Some fights are worth it, others aren't.

[DiverDave]

7. Hee-Hee

Take THAT you snivaling little brownnose brownshirts!

Go cry to the RNC rimjob, you know they will help you.

[DarkPhenyx]

8. Tee-hee!

Sometimes the day gets a little brighter before quiting time.

[Cooley Hurd]

9. BTW...

Here's the offending pic (from commondreams.org):

http://www.commondreams.org/headlines04/0220-12.htm