Uncle Walter has received his first Cease and Desist Notice! It's a red-banner day!
While we can certainly understand that seeing one's hard work featured on a site such as ours may be upsetting or even hurtful, the truth is that our site is still running after 3 years because there is *nothing illegal* about what we do. Copyright protection is a wonderful thing, and everyone who creates a unique product should have their work respected. Copyright law recognizes, however, that there are times and places where permission is not necessary for a third person to legally use certain types of works in certain ways. Uncle Walter uses all of the books featured here in a 100% completely legal manner. Uncle Walter also strives to maintain a friendly/amicable relationship with all of the authors/artists whose works make their way onto his blogs. Up until now, we feel like we've succeeded. However, we just received this email today. Being that all of our wonderful readers are a part of the Uncle Walter family, we figured that we'd share.
Pursuant to 17 USC 512(c)(3)(A), this communication serves as a statement that:
(1).
I am the exclusive rights holder for the following title: Kid Christmas
Rides Again by Eric Arvin and the art work contained within the Work;
(2). These exclusive rights are being violated by material available upon your site at the following URL http://covers.unclewaltersrants.com/2013/01/kid-christmas-rides-again-eric-arvin.html
(3)
I have a good faith belief that the use of this material in such a
fashion is not authorized by the copyright holder, the copyright
holder's agent, or the law;
(4)
Under penalty of perjury in a United States court of law, I state that
the information contained in this notification is accurate, and that I
am authorized to act on the behalf of the exclusive rights holder for
the material in question;
(5) I may be contacted by the following methods: Dreamspinner Press 5032 Capital Circle SW Ste 2 PMB# 279, Tallahassee, FL, USA.
I
hereby request that you remove or disable access to this material as it
appears on your service in as expedient a fashion as possible. Thank
you for your cooperation.
Regards,
Talley Kaleko, Esquire
In House Counsel for Dreamspinner Press
And hey, why not be privvy to our response? Uncle Walter's a generous soul, he is...
Ms. Kaleko,
We are in receipt of your Cease and Desist Notice
regarding our use of content from "Kid Christmas Rides Again" by Eric
Arvin (to be referred to herein as "Kid Christmas").
While we can
certainly understand and respect your dedication to preventing
unauthorized/illegal use of your client's copyrighted work, we are
certain that you must also, therefor, be aware of specific exemptions
allowed by "Fair Use" under section 107, title 17 of the US Code.
Specifically the exemptions for Parody, Commentary, and Criticism.
"Uncle Walter's Bad Romance Novel Covers" functions as a parody site
providing commentary and criticism to art work accompanying published
novels that fall within the "romance" or "erotic" genre. We legally
obtained a copy of Kid Christmas via Amazon.com on January 12, 2013. In
the book are a total of 8 illustrations, including the cover (which is
easily available for viewing on Amazon.com and other sites). Please note
that Kid Christmas is not a graphic novel, but rather a written text
with accompanying illustrations. As such, the eight illustrations are
not the entirety of the work, and we must then consider how they fit in
relation to the "substantiality" of the work as a whole.
On January 15, 2013 we were contacted via comment by Mr. Arvin
requesting that we remove all but the cover art from our site. As a
representative of Uncle Walter's Bad Romance Novel Covers, I promptly
responded to Mr. Arvin's concerns. As I indicated to him at the time, we
believe that we are within our parody, commentary, and criticism rights
to use the content as it was posted. However, since copyright law and
Fair Use exemptions are judged on a case-by-case basis, and the
percentage/amount of content allowed by law to be utilized in that
manner is up for individual consideration, as well as out of deference
to Mr. Arvin's concerns, we removed all but three graphics (the cover +2
interior illustrations) from our site.
When considering how much is an acceptable amount of a work to be
used within the confines of Fair Use, we feel that the two illustrations
used are a) not the "entirety" or a "substantial" amount of the
product, nor b) "the heart of the work," thus the 2 additional
illustrations used cannot be considered by a reasonable person to be a
violation of the copyrighted work. Additionally, Mr. Arvin's response,
that his concern was "with the posting of ALL the images," would appear
to have been addressed.
Under the circumstances, given both the nature of our site, the
copyrighted content used, the concerns by the author that have since
been addressed, and reasonable interpretation of the law, we feel that
we cannot comply with your request at this time. If you are subsequently
able to show that Kid Christmas is a graphic novel and that each
illustration is, in itself, a "substantial" portion of the work, we will
comply with your request and remove the content from our site. If you
are subsequently able to show that illustrations depicting "Santa" being
anally penetrated by two ice-phalluses, and "Santa" engaging in public
anal intercourse on a bar are representative of the "heart" of Kid
Christmas, we will comply with your request and remove the content from
our site.
Per your preferred method of contact, a letter to this effect will
be mailed to you at the address provided. Please do not hesitate to
contact me with any additional concerns that you may have.
"The Wife"
Uncle Walter's Bad Romance Novel Covers/Rotten Romance
So, there you have it, Dear Readers. The perils of being Uncle Walter, and the joys of being his wife.
We'll keep you posted on how this plays out!
-- The Wife