Copyright Infringement My Ass

So this morning, I check my e-mail, and I find the following from Twitter aficionado and fledgling blogger Lynn ************ ******, the mind behind Bloggapalooza. It seems that a friend of hers stumbled across my recent NBC Olympic coverage rant, and decided that I had stolen copyrighted material from her. That led to my receiving this:

Hello,

It has come to my attention that you have taken one of my blog postings from Bloggapalooza (re: NBC Olympic coverage) and used it word for word in your blog, without attribution or out links. As my blog is copywrited and has clear rules about reposts, you are in violation. Please attribute my post and link to mine, or take it down. And an apology would be nice.

Thanks,
Lynn ************ ******

"And an apology would be nice?"

She obviously doesn't know who she's dealing with, does she? One of the first things that any legitimate journalist learns is that sometimes you get your best ideas from other sources. Did I incorporate some of her ideas into my summary? Absolutely! The main difference is that I'm a better writer than she is, and while I used some of her ideas, I sure as hell re-wrote them and made them more comprehensible.

I responded to her e-mail:

Considering the number of copyrighted photographs you use on your blog, all I have to say is: "Those who live in glass houses..."

No apology will be forthcoming from me.

I will consider a flame war between our blogs if you'd like, especially since it will only drive up my traffic.

That, and the next time you deliver anything interesting, I'll throw you a link if I use any of it, because I do like your attitude. The fact that you came at me like you have some worthwhile legal recourse tells me that there is a toughness I can respect under your righteous indignation. (You don't by the way. I was the General Manager of a large law firm in New York that specializes in Copyright Law before I decided to go to work for myself.)

If you really want to push the issue, do whatever you'd like. I'm covered from all legal angles, and it would certainly give me "bloggable" material, as my readers live for me doing battle and putting it out there for them to see.

Sincerely,

Jonathan K. Lee

P.S. Or, we could be completely non-confrontational, and trade links from time to time. I leave it completely up to you.

On "Bloggapalooza", she describes herself as follows:

"My name is Lynn ************ ******. I’m an agency born-and-bred marketing consultant, crackerjack writer, social media dynamo, political junkie and opinionated mom. I live and work in the San Francisco Bay Area."

She followed up my e-mail with this:

That's a highly defensive and warlike attitude from you, considering you are trying to pass off my work as your own. All I am asking is that you remove the portions that are by me, or simply credit me and link to my blog. It is not an unreasonable thing to expect, especially as you claim to be knowledgeable of intellectual property and copyright infringement (which, by the way, carries a $150,000 penalty, as I'm sure you're aware).

I will ask again that you comply with my request. If the rest of your content is not likewise stolen, it is interesting and well-written, and I would not mind a link-trading relationship. I am, after all, not interested in this war you seem to want, only that I am credited when others use my work. After all, if you are really that intelligent, you can probably write good copy without stealing it.

Otherwise, I will go to the next level... and that level will not be a "flame war" but a legal one.

Oooooo... She's threatening me with lawyers!!! Whatever shall I do???

I'll tell her she can take a drink of this:

My reply was a masterpiece of simplicity:

Do whatever you wish.

I'm covered.

Which was followed by this "Cease and Desist" letter:

Dear Mr. Jonathan Lee,

You are using a work for which I own the copyright. The name of the work involved is “10 Reasons Why NBC Should Lose Its Olympic Broadcast Rights; Or ‘How I Learned To Hate The Coolest Sporting Event In The World’”. It appears on a site operated by you at Misplaced in The Midwest/”NBC’s Olympic Failure”. I have reserved all rights to this work, which was first published on http://bloggapalooza.wordpress.com on Feb. 18, 2010.

Your copying and or use of my work, which appear at the link above, is unauthorized. You neither asked for nor received permission to use the piece nor to make or distribute copies of them in the manner you have. Furthermore, you have taken credit for my work and caused confusion as to whom the original author of the work is. Therefore, I believe you have willfully infringed my rights under 17 USC §101, et seq. and could be liable for statutory damages as high as $150,000. Further, such copyright infringement is a direct violation of the Digital Millennium Copyright Act and International Copyright Law.

I demand that you immediately cease the use and distribution of the work and all copies of it, that you remove any further works you may have stolen and that you desist from this or any other infringement of my rights in the future. Furthermore, I demand that you post an apology on the site clarifying who the real author is and that you inform others that might have been misled by your misuse of the works’ origins.

If I have not received proof of compliance from you within 72 hours, I shall consider taking the full legal remedies available to rectify this situation including contacting my lawyer and/or your site’s administrators.

Sincerely,

Lynn

Apparently, my new best friend Lynn has forgotten about this little tidbit that she has placed on her own blog:

"This website may at times present copyrighted material, the use of which might not always been specifically authorized by the copyright owner. Such material is made available in an effort to advance understandings of democratic, economic, environmental, human rights, political, scientific, and social justice issues, among others. The author believes that this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the U. S. Copyright Law. In accordance with Title 17 U.S.C. Section 107, the articles published on this website are distributed without profit for research and educational purposes."

Hmmm... methinks she's attempting to apply a double standard here...

Tell you what Lynn... I'll run with this as far as you want to take it. You're almost hot enough to make this bantering worth my while.

In the meantime Lynn, this is the mental image I have of you:

Nothing but love for you Bloggapalooza.

I swear.

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See you tomorrow.