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Subject: JMDL Digest V2013 #271
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Website:http://jonimitchell.com


JMDL Digest       Thursday, February 21 2013       Volume 2013 : Number 271



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TOPICS and authors in this Digest:
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  RE: Joni Mitchell.com 1996-2013               ["kbhla" <kbhla@fastmail.fm>]

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Date: Thu, 21 Feb 2013 19:19:23 -0800
From: "kbhla" <kbhla@fastmail.fm>
Subject: RE: Joni Mitchell.com 1996-2013

Hi Randy,

I'm not too familiar with the intricacies of copyright law but have the
impression it is somewhat "codified."  There have been a few links on the JM
and JMDL Facebook pages where the process is somewhat discussed.  There are
legal statutes/regulations which seem to provide a process for instituting
and challenging copyright infringement claims.  You are right about the
notification and request for removal of the material and compliance should
either resolve it or constitute a defense.  But there is a question rattling
around in the back of my mind that perhaps there could be a separate claim
for the infringment itself, regardless of improper use, sale, profit, etc.
Can it be argued that the availability of the material alone could have
caused it to be used by other unknown persons for sale, profit, etc.?   At
any rate, I do find the whole matter personally distasteful and unfortunate
that Les has to be embroiled in it.

Kakki


<I think usually in these cases, the first step by the copyright owner is to
notify the webmaster, and if the webmaster fails to remove the photos in
question, then there is a basis for legal action. Since Les has promptly
removed them already, and was not aware of their ownership, and was not
profiting from their use, I doubt Ms. Scam Artist/Photographer has a leg to
stand on.
Hopefully someone on the list (Kakki?) has some legal knowledge that would
help. Maybe send a letter alerting them that you intend to recoup for
damages for any frivilous lawsuit that might follow, maybe they will
fu...uh, back off.
RR>>

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End of JMDL Digest V2013 #271
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