Protect Copyright Laws & Honor A Hero

To:  Arizona Daily Star or Lee Enterprises

Facts: Officer Erik Hite (Tucson Police Department) was shot on June 1, 2008 and succumbed to his wounds on June 2, 2008. A photo was taken of Officer Hite by unknown photographer for the Arizona Daily Star. The photo depicts Officer Hite being attended to by two of his fellow officers. The photo was published disseminated by the online news source. The Arizona Daily Star reserves all rights to this photo and all material published on their website.

The punk rock band “Awful Truth” used the aforementioned photo as the cover of their recently released album. The caption of the album is “Kill A Cop For God”. The album was released and distributed in December 2008. Arizona Daily Star contends they did not give consent for the photo to be copied or distributed. The photo is not considered “public domain” and cannot be used with expressed written consent in other words Arizona Daily Star has the “Exclusive Right” to the photo and all its materials.

Mr. David Stine of “Awful Truth” contends that the use of the copyrighted work was a “joke”. Mr. Stine was further commented by saying "That's what punk rock is all about," he said. "It's loud, offensive music - key word offensive. If you don't think it's funny then you don't have to laugh, you don't have to look at the album, you don't have to listen to the song."

In the event of a civil lawsuit Mr. Stine has not met certain criteria to use as a defense.

Rogers Vs Koons (960 F.2D 301 2D Cir 1992) deals with photos for parody and “Fair Use” The courts found that an artist could be liable for the use of a photo when there is “no clear need to imitate the photo for parody”

The photo also does not qualify under “Fair Use and Fair Dealing”. Copyright Act of 1976 as 17 U.S.C. § 107. This doctrine deals with copyright does not prohibit all copying or replication. The doctrine does permit some copying and distribution without permission. The statue gives four non-exclusive factors in consideration of “Fair Use”. Those factors are:

1. the purpose and character of the use;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.[11]

The use of the photo does not fall under “Public Domain” and is protected by the artist as an original work. Burrow-Giles Lithographic Co Vs. Sarony (111 U.S. 53). This case involves extension of copyright protection on photographs. Congress has the power to grant exclusive rights to the author of the original photo. The holdings found the following: It is within the constitutional power of Congress to extend copyright protection to photographs that are a representation of an author's original intellectual conceptions.
This petition serves as support for Arizona Daily Star and Lee Enterprises to proceed with a civil lawsuit against the following
1. Mr. David Stine of “Awful Truth” and the remaining unknown band members
2. Shithole Records who produced the album “Kill A Cop For God”. It is unknown if Shithole Records is an actual company or just a conception of Mr. Stine and his band
3. Unknown Consignment Company. The company is liable for distribution of the album

Sincerely,

The Undersigned

The Protect Copyright Laws & Honor A Hero Petition to Arizona Daily Star or Lee Enterprises was created by and written by Curtis Penney (HonorHite@live.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.