Protect Copyright Laws & Honor A Hero
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Arizona Daily Star or Lee Enterprises
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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
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
7703 Signatures
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Curtis Penney
- City & State
- Chattanooga, Tn
- Comments
- I will always honor my brothers and sisters in blue. Officer Erik Hite this is my gift to you and your family
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Traci
- City & State
- Atlanta, GA
- Comments
- Something has to change!
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Amy Willoughby
- City & State
- Torrance, CA
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Darrell Thompson
- City & State
- Kimball, Michigan
- Comments
- It's appalling to have people think this crap is funny. They need to be evaluated for a mental disorder.
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Mike Congdon
- City & State
- Chattanooga, TN
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Caitlin Welch
- City & State
- Indianapolis, IN
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Deborah Silva
- City & State
- Hull, Ma.
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Marie Siemens
- City & State
- Rapid City, SD
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steven ricketts
- City & State
- rossville ga
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Judy K Thompson
- City & State
- Smiths Creek, Michigan
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Julie Quinn
- City & State
- Cleveland, Tennessee
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Steve Jones
- City & State
- Chattanooga, TN
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Allison T
- City & State
- Thunder Bay, Ontario
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Amy Jones
- City & State
- Chattanooga,TN
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Mark Johnson
- City & State
- Johnson City, TN
- Comments
- What has this world come to. I hope these "artists" never have to know the hole that is left in the world when a protector is murdered.
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Rosemary Ezell
- City & State
- Hattiesburg, MS
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Hayley Minton
- City & State
- Elizabethton, Tn
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Mary Hayworth
- City & State
- Indianapolis, IN
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Steven Pritchard
- City & State
- hilliard, ohio
- Comments
- i think its rediculous. awful truth should never get another gig again.
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gina
- City & State
- evanston,wyoming
- Comments
- it's wrong man...please don't do it
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Penny Makowski
- City & State
- Kingsport
- Comments
- Please sue these idiots!
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Eric Gundle
- City & State
- Indianapolis, IN
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Randy Poland
- City & State
- Chattanooga, Tennessee
- Comments
- This is outrages. Freedom of Speech come on Human respect for your fellow man especially someone who has given all in there job for the safety of and protection of a community and the United States.
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Erica Etkin
- City & State
- Oceanside, CA
- Comments
- I agree with free speach, but this is too far. Using a photo without authorization is not acceptable and they need to be held accountable. This is a disgusting act and dishonors our heroes.
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Tim Duncan
- City & State
- Erwin, TN
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Chaplai Misty King
- City & State
- tacoma Washington
- Comments
- this whole album needs to be baned
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Greg Gibson
- City & State
- Hattiesburg,Mississippi
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marc mowery
- City & State
- loveland,co
- Comments
- В
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Shannon Hunt
- City & State
- kingsport TN
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Matt Cousins
- City & State
- Kingsport, TN
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Sal Rutherford
- City & State
- West Yorkshire, UK
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Brad Hubbard
- City & State
- Ellicott City, MD
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Adam McConnell
- City & State
- Birmingham, Alabama
- Comments
- В
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Jen Bowers
- City & State
- Jersey Shore PA
- Comments
- That band should be ashamed of themselves. May the dear LORD right their wrongs.
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Josue Velez
- City & State
- Hoboken, NJ
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Larry Lockmiller
- City & State
- Chattanooga, TN
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Lee Ann Chambers
- City & State
- Chattanooga Tn
- Comments
- God bless Officer Erik Hite's family
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Jennifer Hall
- City & State
- Memphis TN
- Comments
- How pathetic. We as Law Enforcement Officers risk our damn lives every single day of the week for you. The general public gets to sleep in their warm cozy beds at night while we're the ones making sure your safe and sound. We're the ones who sacrifice time with our families, our spouses on holidays and every day just so the streets of America will be safe. We've earned the right to voice our opinions on this pathetic doing. Go call a Crackhead when you are getting your ass kicked in an alley way. Not us.
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Ralph Chambers
- City & State
- Chattanooga Tn
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Leslie Renner
- City & State
- Chickamauga, GA
- Comments
- God bless the police and keep them safe.
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Daniel Stikeleather
- City & State
- Statesville, NC
- Comments
- It is not fair to the Officer or his family to have to be put through this kind of disrespect and torture.
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Daniel Harp
- City & State
- Sherman Texas
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Stephanie McDade
- City & State
- Hamilton, OH
- Comments
- These punks are a disgrace to the United States. I hope the officers family sues the living hell out of them.
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Melissa Dockum
- City & State
- savannah Ga
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Todd Royval
- City & State
- Chattanooga, TN
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Frank Bellino
- City & State
- Yancey, Texas
- Comments
- В
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Shaylene
- City & State
- Kingsport, Tennessee
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Paul Armitage
- City & State
- Middleton MA
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James W. Prince
- City & State
- Avondale,AZ
- Comments
- We must not allow the open targeting of the brave men and women of law enforcement, we must also protect the families of our fallen heroes from further harm and sorrow!
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Cynthia Fallowfield
- City & State
- Provo, UT
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7703
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