TCI demand letter | First Amendment
In addition to having been posted on the City of East Lansing's website, the confiscated photos were also included in a slideshow running continuously on a community television station. Classical music from NPR provided a soundtrack to the slideshow.
May 18, 1999
VIA FACSIMILE AND U.S. MAIL
Mr. Russ Anthony
Regional Vice President
TCI North Central Regional Office
3001 Coolidge Road, Suite 300
East Lansing, MI 48823
Dear Mr. Anthony:
My firm represents David McCreery, a student 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 27-28, 1999. Since the beginning of April, the Department has broadcast, and continues to broadcast, images of Mr. McCreery's copyrighted photographs on TCI Cablevision channel 23. I write today on Mr. McCreery's behalf to request that you remove these photographs from your service to prevent further copyright infringement by the East Lansing Police Department.
Mr. McCreery has not been accused of any wrongdoing in connection with the above-mentioned riots; he is a photojournalist who covered the riots for the AP. His photographs are copyrighted, and the East Lansing Police Department's unauthorized display of these photos on channel 23 constitutes copyright infringement.
On April 15, 1999, my firm wrote a letter on Mr. McCreery's behalf to East Lansing Police Chief Lawton Connelly, requesting that Chief Connelly take the copyrighted photographs down from the Department's website. Although the Department has refused to take action based upon our request, Voyager Information Networks, the City's Internet service provider, has agreed to take the copyrighted images down from the site. I have enclosed a copy of our letters for your records.
We write to notify TCI Cablevision of this infringing material and to seek your assistance to stop the ongoing infringement of Mr. McCreery's copyright. Please accept this letter as formal notice that certain of the photo images broadcast by the City on channel 23 are infringing, copyrighted materials belonging to our client. I have attached photocopies of the infringing images so that you may remove or disable access to the infringing photographs immediately.
I hope that this letter will be sufficient to reach a prompt resolution of this matter. However, you should note that if you continue to broadcast these images, TCI Cablevision itself may be liable for money damages for direct and contributory infringement. The Federal Copyright Act authorizes the award of damages, temporary and permanent injunctive relief, court costs, and attorneys' fees under such circumstances.
If you have any questions, please feel free to call me at (202) 662-5111. In any event, please let me know before noon EDT on Monday, May 24, 1999, whether you intend to continue broadcasting these images.
Sincerely,
Edward J. Walters
Attorney for David McCreery
cc: Mayor Mark Meadows
Thomas M. Yeadon, Esq.
Mr. David McCreery
