A while back, D spotted a photo I took, that was commissioned for a certain Jewish website, unlawfully displayed on another Jewish website and we took action.
First is screenshot with my photo.
Gavel on top of religious book- that is mine.
So … we enlisted a lawyer friend of ours (we obviously know many, we are Jewish) to write a Cease and Desist letter to rattle them a bit. Just for the record we do also do traditional things for fun like movies and barbecues.
Here is the letter we sent to the website and needless to say within hours of receiving our letter the picture was no longer displayed.
November 24, 2009
——— ———
sh——-mos@aol.com
To Whom It May Concern:
It has come to my attention that you have made an unauthorized use of my client’s copyrighted photograph that was illegally taken from the web site of the Beth Din of America. (and can be viewed at the following URL: http://www.vosizneias.com/43523/2009/11/22/new-york-daf-fingerprints-and-bais-din) (the “Work”). My client has reserved all rights in the Work.
As you neither asked for nor received permission to use the Work nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my client’s rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you remove same from the website, and that you desist from this or any other infringement of my client’s rights in the future. If I have not received an affirmative response from you by December 1, 2009 my client reserves the right to take further action against you.
It is particularly troubling that a media organ of the Orthodox community could see fit to steal a picture from another web site, ignoring the obvious halachic [Jewish law] implications of geneiva [physical stolen property], gezelah [intellectual stolen property] and chillul hashem [public disgracing of the name of God]. You owe my client an apology and a request for mechila [forgiveness].
yours truly,
———— Esq.
JUST FOR THE RECORD - I did not receive a letter of apology…..
