Copyright infringement - basis for a SLAPP suit

[Marjorie Power <mpower9@yahoo.com>]

I though the list might like to hear about a new use
for abusive copyright infringement threats, SLAPP
suits.

Most of you, living in the US, will have seen the
print or TV ads featuring "Flo" the hyper older woman
shouting "I don't want big government in my medicine
cabinet." The ads are sponsored for by Citizens for
Better Medicare, an astroturf front for the
Pharmaceutical Reasearch and Manufacturers Association
(PhRMA), the trade organization of the prescription
drug manufacturers, which is funding the campaign.

The Older Women's League (OWL) used a picuture of
"Flo" from one print ads on which they superimposed
the international symbol for "not" (circle with a
diagonal line across) as the basis for a flyer saying
that "Flo" is a fake preying on older women's fears
and that she speaks for drug companies, not older
women. The flyer was supposed to be sent to OWL
member's congressmen.

The national office of OWL has received a letter from
the attorneys for Citizens for Better Medicare
threatening to sue for copyright infringement if
"Flo"'s picture is used.

Instead of using the print picture, I took a picture
of "Flo" right on my television and used it in the
Green Mountain OWL chapter news letter, accompanied by
an article discussing the ad campaign, drug companies
and the proposed Medicare pharmaceutical benefit.

I would be interested in the reaction of the list,
particularly those learned in the law of intellectual
property, to the threatened SLAPP suit and the
perameters of the fair use doctrine and other legal
wrinkles to this situation. Thanks.

Marjorie Power
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