Photo by Kathryn Bachen, used without permission.
From The Western Front, Monday, November 17, 2008
The LiveJournal Abuse Team has contacted me, and informed me that my LJ entry with the photo of me with the megaphone has been suspended, because of a copyright infringement complaint:
Dear user kevynjacobs,
We have received a report, properly formatted under the provisions set forth by United States law, indicating that your entry located at [http://kevynjacobs.livejournal.com/
184726.html] violates the copyright of another. As such, we have suspended this entry to disable access to this material.
If you feel that this report is in error or that your use of the material falls under one of the categories permitted under copyright law, you are entitled to file a counter-notification, also under the provisions of US law; please contact us for information on how to do this. Filing a counter-notification indicates that you are willing to defend yourself in court against a charge of copyright infringement, and you may be bound by civil and possibly criminal penalties if you are found liable.
LiveJournal Abuse Prevention Team
I have written back, telling LJ that I wish to file a counter-notification under the DMCA, which means they must put the entry back up. My rationale is that I have posted it under Fair Use doctrine, which trumps copyright. Which means, it goes back up, and if The Western Front wishes to continue this game, they will have to take me to court now. Which I would welcome, because I know I'll win under Fair Use.
Incidentally, they also DMCA'd the image on my Facebook profile. I'm going to let that one slide for now, in the spirit of picking my battles. The LiveJournal entry is an easier case to prove Fair Use on.
And now I say to The Western Front: Your move.