Tags : copyright, DMCA, inquisitr
Dustin Lance Black lawyers threaten to sue us despite not running the XXX pics
Lawyers representing Oscar winner Dustin Lance Black have today threatened to sue The Inquisitr for a screenshot of perezhilton.com we included in a post.
The shot we ran included one picture from the set of pictures published by Perez Hilton that showed Black having sex with another man. The picture, which constituted approx one third of the screenshot, showed Blacks head, but certainly nothing more or less.
Ironically in the post we discussed the issues surrounding the publication of the pictures, and why we weren’t interested in running them.
Black’s lawyers claimed copyright over the screenshot, claiming that Black owned ultimate copyright over the partial image. We objected on two grounds: the picture was clearly taken by a third party, and the lawyers provided no supporting evidence that copyright was held by Black. Second, as a screen grab from another site, the image as a whole constitute fair use under US copyright law, and fair dealing under Australian copyright law.
Despite filing a counter claim noting the valid objections and asking for a valid response, the lawyers continue to threaten this site and our host Media Temple without providing the evidence requested (and required under the DMCA), using terms such as “You act at your own peril” and “govern yourself accordingly.” I’m not going to play martyr over one image, so we’ve censored the shot by blacking out the bit they were upset about.
I will however this week consider lodging a complaint under Australian law for the coercive and threatening nature of their correspondence. I’ve dealt with DMCA claims in the past, both lodging them and receiving them, and this would have to be the most unprofessional, bullying correspondence I’ve seen yet.
One last thing: when we wrote about Dustin Lance Black I actually felt a bit sorry for the guy given what had been published elsewhere. That is no longer the case. Dustin Lance Black: not that you’ll probably ever read this, but if you do, we’re having a party the day you get hit by a bus. Your legal tactics only prove that you got your just desserts.
PS: Image above is used under CC license from Wikipedia: see here.
Here’s only one part of nearly a dozen emails.
Re: D. Lance Black / Copyright Violations – DMCA Notice
Dear Website Operator:
We are representatives/attorneys for D. Lance Black, and we are writing with respect to our client’s claims arising from violations of his intellectual property rights with regard to copyright infringement, as well as violations of his right of privacy and publicity. Mr. Black holds all rights, title, interest and copyright to the photographic materials, portions of which are posted on your website.
Included herewith is a DMCA Notice of Infringement for the post that appears on your website, which posts, displays and disseminates without authorization a photos (the “Unauthorized Photos”) which violates our client’s copyright. Our client has not authorized nor licensed the use of his copyright in conjunction with the creation, posting, dissemination or exploitation of infringed materials on your website. Accordingly, we request that you immediately remove the unauthorized posting and dissemination of the Unauthorized Photos pursuant to the following DMCA notice.
NOTICE OF INFRINGEMENT
I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights, said owner being named Dustin Lance Black (”IP Owner”). I have a good faith belief that the materials identified hereto are not authorized by the above IP Owner, its agent, or the law and therefore infringe the IP Owner’s rights according to state, federal and/or US law. Please act expeditiously to remove or disable access to the listed material or items claimed to be infringing.
Infringed Work or Right: Copyright Violations
Item/Material – Website/URL Location(s):
http://www.inquisitr.com/26037/dustin-lance-black-photos/
http://www.inquisitr.com/wp-content/dustin-lance-black-photos.jpg
Thank you for your anticipated immediate cooperation and immediate compliance with US Copyright Law.
If you have any questions concerning this matter, I may be contacted at via reply to the listed address or at the above listed address and phone number.
If you fail to comply with this notice and expeditiously remove the infringing content, you will be held liable.
You act at your own peril.
Govern yourself accordingly.
This letter does not constitute a complete or exhaustive statement of all of my client’s rights, claims, contentions or legal theories regarding this matter. Nothing stated herein is intended as, nor should it be deemed to constitute, a waiver or relinquishment of any of my client’s rights or remedies, whether legal or equitable, all of which are hereby expressly reserved. This is a confidential legal notice and may not be published, in whole or in part.
Truthfully,
BARRY DALE JOHNSON
8409 Santa Monica Blvd. West Hollywood, CA 90069
p: 323.822.4813 | f: 323.822.4880 | c: 213.944.8303
bjohnson@id-pr.com
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