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 Chilling Effects Clearinghouse > Copyright > Notices > C&D Notice (NoticeID 65198, http://chillingeffects.org/N/65198) Printer-friendly version

C&D Notice

January 19, 2011

 

Sender Information:
[redacted]
Sent by:

[redacted]

[redacted], [redacted], [redacted, US

Recipient Information:

[redacted]


[redacted], [redacted, [redacted,


Sent via: email
Re: Notice of Claimed Infringement

[redacted]
[redacted]
[redacted]
Email: [redacted]
[redacted]

Date: 19th January 2011


(a) I am the owner of the copyrights that are infringed. My signature
appears at the bottom of this message.

(b) The copyrighted works that have been infringed are listed here.
As the copyright owner, I have not authorized these works to be reproduced
in any form on Reflected Networks.

(1) Photograph of Johnny Monsarrat in front of illuminated highway
sign.
(2) Photograph of Johnny Monsarrat in a beaver costume.
(3) Email message written by Johnny Monsarrat, beginning "Hey!
Let me put it this way."
(4) Email message written by Johnny Monsarrat, beginning "I'm laughing
here because I know."
(5) Email message written by Johnny Monsarrat, beginning "Cross Into
The Abyss."
(6) Text messages written by Johnny Monsarrat, identified as sender
"mitcarpediam"
(7) Posted message written by Johnny Monsarrat, beginning "Screening
has created."
(8) Email message written by Johnny Monsarrat, beginning
"[bostonmidnightseduction] Spontaneous party."
(9) Posted message written by Johnn Monsarrat, beginning "Violation of
LiveJournal abuse policies."

(c) The materials that infringe the copyrighted works listed above are
located on Reflected Networks at the URLs listed below.

.
http://images.encyclopediadramatica.com/images/thumb/e/e5/Jonmon-men.jpg/180
px-Jonmon-men.jpg
- Infringes item (1) above, by unauthorized reproduction of the entire work
with minor change in superimposed text.
. http://encyclopediadramatica.com/File:Jonmon-men.jpg - Infringes item
(1) above, by unauthorized reproduction of the entire work with minor change
in superimposed text.
.
http://images.encyclopediadramatica.com/images/thumb/3/36/Jonmon-seductress.
jpg/180px-Jonmon
- Infringes item (1) above, by reproduction of an unauthorized derivative
work.
. http://encyclopediadramatica.com/File:Jonmon-seductress.jpg -
Infringes item (1) above, by reproduction of an unauthorized derivative
work.
.
http://images.encyclopediadramatica.com/images/thumb/8/84/Jonmon-pedobear.jp
g/180px-Jonmon-pedobear.jpg
- Infringes item (2) above, by unauthorized reproduction of the entire work
with minor change in superimposed text.
. http://encyclopediadramatica.com/File:Jonmon-pedobear.jpg - Infringes
item (2) above, by unauthorized reproduction of the entire work with minor
change in superimposed text.
. http://encyclopediadramatica.com/Jonmon#The_Match-Up_Debacle
(text beginning "Hey! Let me put it this way." and ending ".Ciao, bella!
Jon") - Infringes item (3) above, by unauthorized reproduction of the entire
work.
.
http://encyclopediadramatica.com/Jonmon#Check_It_Out_Now.2C_The_Punk.27d_Sou
l_Brother
(text beginning "I'm laughing here because I know ." and ending ".dealing
well with rejection") - Infringes item (4) above, by unauthorized
reproduction of the entire work.
.
http://encyclopediadramatica.com/Jonmon#Midnight_in_the_Garden_of_Moe_and_Cu
rly
(text beginning "Cross Into The Abyss"..." and ending "...for more
information") - Infringes item (5) above, by unauthorized reproduction of
the entire work.
.
http://encyclopediadramatica.com/Jonmon#Check_It_Out_Now.2C_The_Punk.27d_Sou
l_Brother
(text beginning "HEyeyEyeyeyEY." and ending ".Don't take it out on
me") - Infringes item (6) above, by reproduction of an unauthorized
derivative work.
. http://encyclopediadramatica.com/Jonmon#Where_Is_He_Now.3F
(text beginning "Screening has created..." and ending "...is a
muslim") - Infringes item (7) above, by unauthorized reproduction of the
entire work.
. http://encyclopediadramatica.com/Talk:Jonmon (text beginning
"[bostonmidnightseduction] Spontaneous party." and ending ".RSVP for the
location! -Johnny" and text beginning "Violation of LiveJournal abuse
policies." and ending "Monday at 12pm") - Infringes items (8) and (9) above,
by unauthorized reproduction of the entire works.

The infringements listed above are also visible through "edit"
and "history" views of the infringing pages:

. http://encyclopediadramatica.com/index.php?title=Jonmon&action=edit
.
http://encyclopediadramatica.com/index.php?title=Jonmon&action=history
.
http://encyclopediadramatica.com/index.php?title=Talk:Jonmon&action=history
.
http://encyclopediadramatica.com/index.php?title=Talk:Jonmon&action=edit

(d) My mailing address is: [redacted].
My telephone number is: [redacted].
My email address is: [redacted].

(e) I hereby state that I have a good faith belief that the disputed use of
the copyrighted material is not authorized by the copyright owner, its
agent, or the law.

(f) I hereby state, under penalty of perjury, that the above information in
this Notice is accurate and that I am the copyright owner.

My full legal name is [redacted].
My signature is attached, and appears on the faxed and mailed copies of this
notice.

 
FAQ: Questions and Answers

[back to notice text]


Question: Who may hold a copyright?

Answer: A copyright ordinarily vests in the creator or creators of a work (known as the author(s)), and is inherited as ordinary property. Copyrights are freely transferrable as property, at the discretion of the owner. 17 U.S.C.


[back to notice text]


Question: What rights are protected by copyright law?

Answer: The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying),
(2) the right to create derivative works,
(3) the right to distribution,
(4) the right to performance,
(5) the right to display, and
(6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.


[back to notice text]


Question: What is copyright infringement? Are there any defenses?

Answer: Infringement occurs whenever someone who is not the copyright holder (or a licensee of the copyright holder) exercises one of the exclusive rights listed above.

The most common defense to an infringement claim is "fair use," a doctrine that allows people to use copyrighted material without permission in certain situations, such as quotations in a book review. To evaluate fair use of copyrighted material, the courts consider four factors:


  1. the purpose and character of the use
  2. the nature of the copyrighted work
  3. the amount and substantiality of copying, and
  4. the market effect.

(17 U.S.C. 107)

The most significant factor in this analysis is the fourth, effect on the market. If a copier's use supplants demand for the original work, then it will be very difficult for him or her to claim fair use. On the other hand, if the use does not compete with the original, for example because it is a parody, criticism, or news report, it is more likely to be permitted as "fair use."

Trademarks are generally subject to fair use in two situations: First, advertisers and other speakers are allowed to use a competitor's trademark when referring to that competitor's product ("nominative use"). Second, the law protects "fair comment," for instance, in parody.


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