lawyer

Copywrite laws are they to vague?

Hey guys

This is something of a serious note, any feedback to the following will be much appreciated. As a fan of any art, literature, and so forth I found this quite disturbing at the stupidity of some companies.

This letter comes from a fan site dedicated to creating Skins and Meshes involving Marvel characters for the game Freedom Force. What has come to my understanding is that anything a fan does that "distributes" copyrighted material in any form (Like our great Star Trek Mods) is infringing on the rights of the company.

Funny thing I thought Fans are supposed to love and support their favorite Icon, I guess all those Star Trek conventions are breaking the law. I feel a gnawing disgust at the moment.

(note, this letter has been edited to remove my mailing address)

MARVEL ENTERPRISES, INC.

June 9, 2003

Re: UNATHORIZED USE OF MARVEL INTELLECTUAL PROPERTY

ELI BARD

SENIOR LITIGATION ATTORNEY

Dear Mr. Benson and Ms. Horn:

I write to inform you that the website that you are listed as the administrative contact for, www.skindex.net, contains and evidently distributes unauthorized reproductions of Marvel's valuable intellectual property.

Skindex,net is not permitted to copy or reproduce the copyrighted images or distinctive likenesses of Marvel's characters, nor use the registered trademarks associated with those characters such as Spider-Man, Wolverine, Nightcrawler, etc.

The property skindex.net is infringing is protected by the 1976 Copyright Act, 17 U.S.C. ?101, et seq. The Copyright Act provides the owner of a copyrighted work, in this instance, Marvel, with, among other exclusive rights, the exclusive right to reproduce the work in copies and to distribute copies of the works to the public. The remedies for copyright infringement include the copyright owner's option to elect statutory damages which range from $500. $20,000 for each instance of nonwillful infringement, but which can escalate to $100,000 for each instance of willful copyright infringement. Attorneys' fees are also recoverable by a successful copyright infringement plaintiff.

A separate federal law, The Lanham Act, prohibits use of Marvel's famous, federally registered MARVEL, SPIDER-MAN, and WOLVERINE trademarks, among others, without permission. 15 U.S.C. ?1125 of The Lanham Act also prohibits unfair competition and false designation of origin, as do state common law. The Lanham Act provides for treble damages and attorneys' fees in instances of willful trademark infringement, as well as disgorgement of profits, and injunctive relief.

Given the blatant bad faith evidenced by skindex.net, Marvel hereby demands your written confirmation that skindex.net has (1) removed all Marvel intellectual property and references to Marvel intellectual property from its website or any other site (or other location); (2) abandoned all unauthorized copying and distribution of the the Marvel intellectual property and (3) agreed to cease and desist from any and all other acts of unfair competition with Marvel.

Given the apparent willful nature of your actions, Marvel demands that skindex.net disclose all of its activities with respect to its use of Marvel's properties, including but not limited to all sales or distribution of any products bearing any Marvel intellectual property, the names and contact information for all companies that have purchased or downloaded those items, as well as the addresses of any other websites where the infringing properties have been posted. In addition, skindex.net must disgorge ally and all profits illegally made from its use of Marvel's property and enter into a permanent injunction in which it agrees never to infringe Marvel's property again.

If skindex,net fails to provide this written confirmation by June 20, 2003, Marvel is prepared immediately to take all appropriate action to protect its valuable intellectual property rights, which may include seeking an injunction against further infringement, monetary damages, the cost of corrective advertising, and Marvel's costs and attorneys' fees.

This letter is written without prejudice to any of Marvel's rights or remedies, all of which are expressly reserved

Very truly yours,

Eli Bard

cc: Allen S. Lipson, Esq.

__________________

To each their own destiny.

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