Copyright Information - Email to Communications Director

I have added a (c) 2009 and "briarcliffelakes.blogspot.com" notification to photos for copyright and ownership purposes, to make it obvious. This was prompted by a recent event not related to this blog. On June 4, 2009 I discovered that photos in the BLMH newsletter were copied from copyrighted sources but that was not acknowledged in the newsletter. So I sent an email to our Communications Director, who is responsible for the newsletter, with copy to the President of the Board of Managers. I'm posting this with several links, as an informational aid to others considering publishing. Tomorrow I'll publish the response I received.

Here is a slightly edited text of that email [square brackets denote edits]:

Dear [Communications Director]:

A matter of importance has come to my attention. This is pertaining to the Newsletter. I am advising you so as to protect the association. This is being sent to the email address contained in the June newsletter, and the President of the Board of Managers.

1. Some of the photographs you are using in the newsletter are copyrighted works and cannot be in our newsletter unless you get written permission from the owner.
2. [Certain] photos were copied from his theme at the WordPress Blog and placed in the newsletter. This is copyrighted work and by clicking on his name at the bottom of the “BLMH Homeowners Association” blog at http://briarcliffe.wordpress.com/ you will be taken to his WordPress theme site where he explains the rules for using his themes and that includes the photos they contain. Briefly, the rules are: 1) The themes are copyrighted. 2) His name may be removed from the BLMH Homeowners Association blog which uses his theme, but only if a fee of $20 is paid. 3) The “License Info” on his site states “You need to get explicit permission from us, before releasing any work that is based on our work”. His photos are used in the newsletter. Did you get “explicit permission” in writing to copy his work and place it in the newsletter?
3. If you use copyrighted works in the Association newsletter, the blog or website and do not get written permission to do so, you are exposing the Association to the possibility of lawsuits and legal fees and judgments.
4. Copying photos or images from the web is very dangerous because it is difficult to determine who owns the content. Courts are sometimes lenient with individuals, but a Corporation such as our Homeowner’s Association is exposed and is subject to fines and civil penalties. Courts are empowered to levy fines for each offense in the amount of $750 to $30,000, plus legal fees. As Communications Director you should know, use or authorize in the newsletter or any BLMH documents only photos, graphics, etc. which you can prove are in the public domain and available for legal Association use; i.e. not copyrighted. Failure to do so may expose the Association to legal action. You must check sources. For example, prior to copying the images from the BLMH blog, you should have clicked on the theme authors name as I did, and then at his site you should have clicked on “License Info”. You should also be maintaining a file of all image sources, which will be available for legal defense of the Association should this come up. The file should list specific sources. The burden of proof is on you and the Association, should someone claim copyright infringement.
5. Do you know the specific source of other photographs and images you have used in the Association newsletter? For example, the photo of the cathedral which was given prominent space in June’s newsletter? If you cannot prove the source is a truly “open” one, that image may also be an infringement.
6. Here are a couple of websites which provide you with more information regarding piracy and copyright infringement. The first is a US government link, the second provides some general information and the third is a Wiki article.
   http://www.copyright.gov/title17/92chap5.html
   http://www.chillingeffects.org/piracy/faq.cgi
   http://en.wikipedia.org/wiki/Copyright_Infringement