Voyager demand letter | 1st amendment
Through this letter, the Digital Millenium Copyright Act (DMCA) was invoked to compel the City of East Lansing's internet provider to take Confiscated photos offline. The DMCA allows hosts to avoid exposure to copyright infringement by removing offending content on demand of its owner.
April 21, 1999
VIA FACSIMILE AND OVERNIGHT MAIL
Mr. Chris Torto
Chief Executive Officer
Voyager Information Networks
4660 South Hagadorn
East Lansing, MI 48823
Dear Mr. Torto:
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 27-28, 1999. Since at least April 1, 1999, the Department has published, and continues to publish, Mr. McCreery's copyrighted photographs on its website – which we understand that you host – at www.ci.east-lansing.mi.us/Riot/index.htm. I write today on Mr. McCreery's behalf to request that you remove this website from your service, or that you disable access to it, to avoid 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 its website constitutes copyright infringement. 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. 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. The Department has refused to take action based upon our request – or even to respond to the request. I have enclosed a copy of our letter for your records.
We write to notify Voyager Information Networks of this infringing material and to seek your assistance to stop the ongoing infringement of Mr. McCreery's copyright. The Digital Millennium Copyright Act, passed just last year, protects Internet service providers ("ISPs") such as Voyager from money damages for hosting websites that contain infringing materials. However, ISPs are only eligible for the Act's protection if they "act expeditiously to remove, or disable access to" such sites when notified that they contain infringing materials. Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998) (to be codified at 17 U.S.C. § 512(c)(1)(A)(iii)). Please accept this letter as formal notice under the Act that the above-mentioned site contains infringing, copyrighted materials belonging to our client, and remove or disable access to the infringing site immediately. I have attached to the end of this letter a representative list of Mr. McCreery's copyrighted photographs on the East Lansing Police Department website. I have written you directly on this matter because I was unable to locate Voyager's designated agent to receive notice of infringement, either on your site or on that of the U.S. Copyright Office (http://www.loc.gov/copyright/onlinesp/list/).
I hope that this letter will be sufficient to reach a prompt resolution of this matter. However, you should note that if you refuse to take down the infringing site pursuant to this notice, Voyager 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 Friday, April 30, 1999, whether you intend to take down the infringing website. By my signature, I certify, upon information and belief and under penalty of perjury, that this notification is accurate and that my law firm is authorized to act on behalf David McCreery, whose copyright is being infringed by the above-referenced website.
Best regards,
Edward J. Walters
Attorney for David McCreery
Enclosures
cc: Mr. Ozzie DeFaria (via facsimile and U.S. mail)
Mayor Mark Meadows (via facsimile and U.S. mail)
Chief Lawton Connelly (via facsimile and U.S. mail)
Mr. David McCreery (via electronic mail and U.S. mail)
Representative list of photos copyrighted by David McCreery
being posted illegally on http://www.ci.east-lansing.mi.us/riot/shame2.htm:
File: r12p17
File: r13p13
File: r12p18
File: r12p9
File: r12p7
File: r12p26
File: r14p11
File: r14p9
File: r14p6
File: r12p1
File: r13p5
File: r13p14
