ELPD demand letter 1| 1st amendment
Covington & Burling makes initial contact with the East Lansing Police Department.
April 15, 1999
VIA OVERNIGHT MAIL
Mr. Lawton Connelly
Chief of Police
East Lansing Police Department
409 Park Lane
East Lansing, MI 48823
Dear Chief Connelly:
My firm represents David McCreery, a junior at Michigan State University and a "stringer" photographer for the Associated Press. On the night of March 31, 1999, the East Lansing Police Department seized from Mr. McCreery at least 73 negatives and 103 photographs he took during riots in East Lansing on March 27, 1999. Since at least April 1, 1999, the Police Department has published, and continues to publish, Mr. McCreery's photographs on its website at www.ci.east-lansing.mi.us/Riot/index.htm. I write today on Mr. McCreery's behalf to request that you take the photographs down from your website and return his photographs and negatives immediately.
Mr. McCreery appreciates the important role of your Department
in bringing criminals to justice, but his photographs are newsgathering
materials, and they are copyrighted. Police seizure of his photographs
and negatives have improperly commandeered the press as an arm of
law enforcement, in violation of the First Amendment to the United
States Constitution and the federal Privacy Protection Act, 42 U.S.C.
§ 2000aa. Their seizure and publication online have jeopardized
both Mr. McCreery's journalistic independence and his safety,
by compromising his ability to perform future assignments without
being seen as a branch of law enforcement.
Furthermore, because these photographs are copyrighted, the East
Lansing Police Department's unauthorized display of them on
its public website constitutes an infringement of Mr. McCreery's
copyright. The Federal Copyright Act authorizes the award of damages,
temporary and permanent injunctive relief, court costs, and attorneys'
fees under such circumstances. This violation is particularly egregious
in light of the City of East Lansing's and the East Lansing
Police Department's false claims on the website that they
own a copyright interest in Mr. McCreery's photographs.
Mr. McCreery hereby requests that you immediately return all photographs
and negatives belonging to him and currently in the possession of
your Department. He further requests that you immediately take down
his photographs from your website. Finally, Mr. McCreery requests
that you remove his name from any place, public or private, that
it appears on the website of the East Lansing Police Department
or the City of East Lansing.
Please contact me at (202) 662-5111 by the close of business on
Tuesday, April 20, 1999, to inform me of your decision to honor
Mr. McCreery's requests.
Sincerely,
________________________________
Edward J. Walters
Attorney for David McCreery
Covington & Burling
1201 Pennsylvania Avenue, N.W.
P.O. Box 7566
Washington, DC 20044-7566
cc: Mayor Mark Meadows
Mr. David McCreery
