Re: Copyright infringement - basis for a SLAPP suit

[Dean Anderson <dean@av8.com>]

I'm not a lawyer, but I went through something similar some time ago. In my situation, we used a computer monitor from a vendor(Sun) which was claiming never to run our software(Motif) on their computers.   It was my job to make a cover photo for EDN (an electronics magazine), where we wanted to show several different computers running Motif. At the photo shoot, I noticed that the sun logo (on the bottom of the monitor) would not be visible. So I moved it to the top.  Later, Sun's attorneys objected, saying we had modified the product, and so the logo was airbrushed out. Had I known that was the case, I would have rearranged the monitors.  (Who knew? I suppose everyone should have a law degree.) Had the monitor been unmodified, Sun would not have been able to complain about our using it in a publication.

Anyway, you should talk to your copyright lawyer about fair use.  Of course, it would probably be better to talk to your lawyer before you go to press, and even before you make the photo ;-)  

You are much better off being ahead of the game.  When your lawyer contacts their lawyer, they know they have to consent to some kind of fair use, and once they do, they can't really complain about it. Now, they can argue that your particular image isn't proper.  Which is much harder to solve than some minor alteration before print...

		--Dean

BTW, what is SLAPP?  Stupid Lawyers And Paper Pushers? ;-)


Around 06:34 PM 9/13/1999 -0400, rumor has it that Marjorie Power said:
>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
>__________________________________________________
>Do You Yahoo!?
>Bid and sell for free at http://auctions.yahoo.com
>
>
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