I own a web hosting company. I host a web site for one of my clients called thelostogle.com. Apparently the owner of this site posted some images of a guy named Aaron Tuttle.
Aaron tuttle submitted a DMCA
complaint to my company asking the images to be removed (I pasted the original DMCA complaint below). I informed my client of the DMCA complaint and he responded with his own legal assessment below.
Do I need to comply with the DMCA and force the removal of the images or suspend the site or does my client have a valid counter claim in his assessment of how it should be handled?
MY CLIENTS RESPONSE
Thanks Todd! Appreciate it.
This Aaron Tuttle guy is a piece of work. I bet he knows he doesn't have a legit legal claim to remove the photos, so he's going this route. Very shady on his part.
Just to clarify / go over a few things...
1. TLO's right to use the photos are protected by fair use
laws. This gives us protections to use the photos for parody, satire, comedy, and news purposes. If you look at the photos and the context of them, it's exactly what we are doing. Also, the fact that Tuttle is a public figure (he's been on TV and does commercials for car dealerships) strengthens our case.
2. In the 2007 case Lenz v. Universal Music
Corp, the courts ruled that copyright
holders must consider fair use before issuing takedown notices for content posted through DMCA. Obviously, Tuttle hasn't taken this action.
3. We have not received an official notice, email, or correspondence from Aaron Tuttle regarding the photos. He hasn't even issued a cease and desist, which would be the first step if he thought he had a legit copyright claim. I do have an attorney on retainer, B***** ***** with the Evans Davis law firm, to address these claims and handle them should they ever arise.
Thanks again for everything.
Attn: Copyright Agent
This is a notification of copyright infringement
. The Digital
Millennium Copyright Act (DMCA) obliges search and internet providers
to investigate and respond to complaints by authors about alleged
Copyright owner: Aaron Tuttle
Pursuant to 17 USC 512(c)(3)(A), this communication serves as a statement that:
I am the exclusive rights holder for the photos in question.
These exclusive rights are being violated by material available upon
your site at the URL(s) printed below. 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;
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;
I may be contacted by the following methods:
16408 Big Cypress Dr
Edmond, OK 73013
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.
(Personal signature in JPG form and attached)
The infringing web pages below are hosted by thelostogle.com. The
copyrighted work at issue are the personal photographs of Mr. Tuttle
that appear on these URL(s):