[WikiEN-l] Fwd: Wikipedia e-mail -- fair use

[Sam Korn]

I (smoddy -- this is my second email address) sent an email to
User:Crosstar about fair use on a logo at [[Nationalist Movement]] and
[[Crosstar]].  I received this email back in response (my original
email is at the bottom).

I am forwarding the email here as I am not subscribed to the legal mailing list.

Are there any suggestions as to the course to take?

Sam/smoddy

---------- Forwarded message ----------
From: crosstar <nationalist at nationalist.org>
Date: Aug 3, 2005 4:06 AM
Subject: Re: Wikipedia e-mail -- fair use
To: Smoddy <sam.korn at gmail.com>

Dear Mr. Smoddy:

Your assessment is incorrect and far from "clear."

"Fair Use" is considered on a case-by-case basis and, even
after expensive and protracted litigation, outcomes may vary.
Suffice it to say, we cannot render legal-advice to you, which must
come from your own, independent legal-counsel.  I can tell you
that in approximately thirty-seven cases involving infringement
of our trademarks and violation of our copyrights, however, we
have won every one.

The US Copyright Office advises that:

"The safest course is always to get permission from the
copyright owner before using copyrighted material."
http://www.copyright.gov/fls/fl102.html

The courts tend to lean toward protecting intellectual-property
rights, as well they should, insofar such rights are protected
by the United States Constitution.

Anyone who wishes his own intellectual-property rights to be
respected (and that should include all of us) should respect such
rights of others.  Penalties for violation are severe and increased if
repeated.  In the Hale case, the fine was $200,000.00, plus
$450,000.00 attorney fees, alone.  Punitive damages may also
be assessed, where conduct is wilfull, reckless or wanton, if, for
instance, the offender persists, after having been placed on notice.

In this instance, the copyright/trademark owner has not given
permission for its images to be used and will vigorously defend its
rights in court, if need be.

The Copyright Office further explains that:

"When it is impracticable to obtain permission, use of copyrighted
material should be avoided...."
http://www.copyright.gov/fls/fl102.html

It is the choice of the copyright/trademark owner whether or not
to license use of its intellectual-property and, insofar as the
owner does not approve of your project and wishes to avoid any
misrepresentation of itself or any implied endorsement of your
project, as well as to prevent any confusion in the mind of the
public, permission is denied.

There are numerous other objections, but the foregoing should
suffice for purposes of your question.  Thank you for your kind
consideration and cooperation.

Richard Barrett
Attorney
The Nationalist Movement



At 12:11 PM 8/2/2005, you wrote:

>May I ask that you explain why we are not allowed to display this
>image?  Under US law, it is allowed for reference materials (and other
>such documents) to be shown for informational reasons about the
>topic.  This is clearly true in this case.
>
>I am sending you an email in the hope that you will reply.
>
>Cheers, and best wishes
>
>Sam/smoddy



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