[CIMC-work] Fw: [Imc-legal] NJ IMC is begin blamed for copyright infringement

Fri Nov 14 18:35:01 PST 2003

CIMC,

Incidentally, I don't think NJ-IMC had any cause to remove the content.

Chris

----- Original Message -----
From: "nj imc" <njimc at hotmail.com>
To: <suzq at riseup.net>
Cc: <discuss at phillyimc.org>; <imc-legal at lists.indymedia.org>
Sent: Friday, November 14, 2003 5:44 PM
Subject: Re: [Imc-legal] NJ IMC is begin blamed for copyright infringement

> Hi,
>   thanks for sending that info.  We are getting a lot of great advice from
> Alan Korn, and still looking for an actual lawyer (if we do get sued by
> Gigante&co.).   To update you and everyone else on the imc-legal
listserve,
> In the past week, we've deleted all the posts that violate the copyright
> laws, and wrote out a formal letter explaining that we've deleted all such
> violatiions.  The letter hasn't been officially sent yet, but when it
does,
> we'll keep you updated on what happens next.  Thanks again!
>
> Diane
> NJ IMC
>
>
> >From: SuZQ <suzq at riseup.net>
> >To: nj imc <njimc at hotmail.com>
> >CC: "imc-legal at lists.indymedia.org"
> ><imc-legal at lists.indymedia.org>,discuss at phillyimc.org
> >Subject: Re: [Imc-legal] NJ IMC is begin blamed for copyright
infringement
> >Date: Wed, 12 Nov 2003 09:24:34 -0800 (PST)
> >
> >One possible lign of defense, if we decide that Indymedia is more of a
> >"content provider" than a news agency in itself, is that used by the
> >"common dreams" website, which routinely reposts copyrighted work:
> >
> >" FAIR USE NOTICE
> >   This site contains copyrighted material the use of which has not
> >always been specifically authorized by the copyright owner. We are making
> >such material available in our efforts to advance understanding of
> >environmental, political, human rights, economic, democracy, scientific,
> >and social justice issues, etc. We believe this constitutes a 'fair use'
> >of any such copyrighted material as provided for in section 107 of the US
> >Copyright Law. In accordance with Title 17 U.S.C. Section 107, the
> >material on this site is distributed without profit to those who have
> >expressed a prior interest in receiving the included information for
> >research and educational purposes. For more information go to:
> >http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use
> >copyrighted material from this site for purposes of your own that go
> >beyond 'fair use', you must obtain permission from the copyright owner."
> >http://www.commondreams.org
> >
> >Anybody know which is the IMC that posted to this list a while ago saying
> >that they were legally recognized as a content provider in order to
reduce
> >liability for the aritcles?  I think it may have been Sand Diego.
> >
> >On Mon, 3 Nov 2003, nj imc wrote:
> >
> > > Hi there,
> > > My name is Diane, representing the New Jersey Independent Media
> >Center.
> > > On Thursday, October 30, 2003, we received an email from John D.
> >Gigante,
> > > who claims to represent Advance Publications, Inc., the ultimate
parent
> > > company of the publishers of many mainstream newspapers.  He is
> >threatening
> > > to sue NJ IMC for copyright infringement.  I won't get into detail, a
> >copy
> > > of the email is below this message, but we need advice on how to
handle
> >this
> > > matter.  A few of us are trying to contact lawyers, from such groups
as
> >the
> > > Electronic Frontier Foundation for counsel or representation
> >(www.eff.org),
> > > but we need to know if this notice has been sent out to any other IMCs
> >(is
> > > all of Indymedia under attack?).  If it is true that IMC in general is
> >under
> > > attack, then there should be a more collective effort behind this.
> > > In list serve corespondance, one person pointed out the Web site
> > > permissions for fair use.  Here is the URL:
> > >
<http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter6/>
> > >       Also, another member forwarded the letter to the "contact us"
> >section
> > > of the global site with an urgent request to establish contact with
> >NJ-IMC.
> > > Any assistance in this matter would be greatly appreciated.  Thank
you.
> > > -Diane
> > > New Jersey Independent Media Center
> > >
> > > -----------------------------------
> > > >From :    "Gigante, John D." <jgigante at sbandg.com>
> > > To :    "'Help at indymedia.org'" <Help at indymedia.org>,
> >"'njimc at hotmail.com'"
> > > <njimc at hotmail.com>
> > > Subject :    Copyright Infringement
> > > Date:    Thu, 30 Oct 2003 15:19:33 -0500
> > >
> > > October 30, 2003
> > >
> > >
> > > VIA CERTIFIED MAIL
> > > RETURN RECEIPT REQUESTED
> > > AND VIA EMAIL TO HELP at INDYMEDIA.ORG AND NJIMC at HOTMAIL.COM
> > >
> > > Indymedia Network
> > > Independent Media Center
> > > 1415 Third Avenue
> > > Seattle, WA  98101
> > >
> > > Re: Infringement of Intellectual Property Rights
> > >
> > > Dear Sir or Madam:
> > >
> > > We represent Advance Publications, Inc., the ultimate parent company
of
> >the
> > > publishers of the newspapers set forth on below.
> > > It has come to our attention that your network of regional websites,
> > > accessed from http://www.indymedia.org, have posted without permission
> >many
> > > articles and images from our client's newspapers.  In addition, you
have
> > > listed the newspapers as the "source" for the material, suggesting
that
> >they
> > > authorized you to publish the material.  For example, a search of your
> >NJ
> > > site (http://newjersey.indymedia.org) revealed 28 articles and images
> >from
> > > The Star Ledger, in addition to articles from The Jersey Journal and
The
> > > Times of Trenton.  This is just a representative sample of the
material
> > > taken from our client's newspapers and posted on just one of your
> >websites.
> > > As far as we can tell, you promote at least 47 websites in the United
> > > States.
> > >
> > > These articles and photographs were prepared for our client's
> >newspapers,
> > > and each newspaper either owns the copyright in the material or has
been
> > > granted exclusive rights from the copyright owner to publish the
> >material
> > > for some period of time.  In either case, the newspapers have the sole
> >right
> > > to publish and authorize the publication of the material, and no one
is
> > > permitted to use it without the newspapers' permission.  Your websites
> >are
> > > liable for copyright infringement for posting this material.
Liability
> > > applies even if the specific material was posted by a third party.
The
> > > remedies available to our client under copyright law are severe,
> >including
> > > injunctive relief, payment of statutorily-prescribed damages of up to
> > > $150,000 per infringement, and reimbursement of our client's
attorneys'
> > > fees.
> > >
> > > In addition, your use of the newspaper trademarks on your websites
> >suggests
> > > some affiliation or association with these newspapers.  Consumers are
> >led to
> > > believe that your websites have some relationship with the newspapers
to
> > > supply articles and material.  Such use is false and misleading, and
> > > constitutes unfair competition and trademark infringement in violation
> >of
> > > the law, which provides significant remedies for infringements such as
> > > yours.
> > >
> > > On behalf of our client, we demand that you immediately:
> > >
> > > 1. Cease all further use of the articles, images, and our clients'
> > > trademarks and any other materials from any of our client's
newspapers,
> > > including removing all references thereto from your websites.
> > >
> > > 2. Advise us of the full extent of your use of the articles, images
and
> > > trademarks, including identifying every article and image taken and
> >where
> > > each is or was located on your websites.
> > >
> > > 3. Destroy all existing copies of such unauthorized uses.
> > >
> > > 4. Propose significant remedial measures, including a specific
proposal
> > > for the payment of substantial damages, instructions for your users
not
> >to
> > > post articles or images from our client's newspapers, institution of
> > > effective means to prevent the posting of material from our client's
> > > newspapers, and publication of apologies on your websites.
> > >
> > > Once we receive this information, we can determine what further
> >compensatory
> > > and/or remedial steps are necessary.  We expect to hear from you
within
> >ten
> > > (10) days of your receipt of this letter.
> > >
> > > Sincerely,
> > >
> > >
> > > John Gigante, Esq.
> > > Sabin, Bermant & Gould LLP
> > > Four Times Square
> > > New York, N. Y. 10036-6526
> > > Tel. 212-381-7066
> > > Fax. 212-381-7227
> > >
> > > CONFIDENTIALITY NOTICE: This e-mail may contain information that is
> > > privileged, confidential or otherwise protected from disclosure.  If
you
> >are
> > > not the intended recipient of this e-mail, please notify the sender
> > > immediately by return e-mail, purge it and do not disseminate or copy
> >it.
> > >
> > >
> > > API DAILY NEWSPAPERS
> > >
> > > 1. Staten Island Advance(Staten Island, NY)
> > >
> > > 2. The Star-Ledger (Newark, NJ)
> > >
> > > 3. The Post-Standard (Syracuse, NY)
> > >
> > > 4. The Jersey Journal (Jersey City, NJ)
> > >
> > > 5. The Patriot-News (Harrisburg, PA)
> > >
> > > 6. The Oregonian (Portland, OR)
> > >
> > > 7. The Birmingham News (Birmingham, AL)
> > >
> > > 8. The Huntsville Times (Huntsville, AL)
> > >
> > > 9. The Times-Picayune (New Orleans, LA)
> > >
> > > 10. The Union News/Sunday Republican (Springfield, MA)
> > >
> > > 11. Plain Dealer (Cleveland, OH)
> > >
> > > 12. The Times of Trenton (Trenton, NJ)
> > >
> > > 13. Mobile Press Register (Mobile, AL)
> > >
> > > 14. The Mississippi Press (Pascagoula, MS)
> > >
> > > 15. The Ann Arbor News (Ann Arbor, MI)
> > >
> > > 16. The Bay City Times (Bay City, MI)
> > >
> > > 17. The Flint Journal (Flint, MI)
> > >
> > > 18. The Grand Rapids Press (Grand Rapids, MI)
> > >
> > > 19. Jackson Citizen Patriot (Jackson, MI)
> > >
> > > 20. Kalamazoo Gazette (Kalamazoo, MI)
> > >
> > > 21. The Muskegon Chronicle (Muskegon, MI)
> > >
> > > 22. The Saginaw News (Saginaw, MI)
> > >
> > > 23. The Express-Times (Easton, PA)
> > >
> > > 24. Gloucester County Times (Woodbury, NJ)
> > >
> > > 25. Today's Sunbeam (Salem, NJ)
> > >
> > > 26. Bridgeton News (Bridgeton, NJ)
> > >
> > > 27. The Birmingham News/Post-Herald (Birmingham, AL)
> > >
> > > 28. St. Louis Dispatch (St. Louis, MO)
> > >
> > > API WEEKLY NEWSPAPERS
> > >
> > >
> > > 1. El Nuevo Hudson, NJ
> > >
> > > 2. Hunterdon County Democrat, NJ
> > >
> > > 3. Hunterdon Observer, NJ
> > >
> > > 4. Delaware Valley News (Hunterdon County Democrat), NJ
> > >
> > > 5. The Evening News, NJ
> > >
> > > 6. Warren Reporter, NJ
> > >
> > > 7. Horse News
> > >
> > > _________________________________________________________________
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> > > _______________________________________________
> > > Imc-legal mailing list
> > > Imc-legal at lists.indymedia.org
> > > http://lists.indymedia.org/mailman/listinfo/imc-legal
> > >
>
>
> New Jersey Independent Media Center
> http://newjersey.indymedia.org
> Be the media.
>
> _________________________________________________________________
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