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[IP] Here is a case of Copyright claim gone too far





Begin forwarded message:

From: Judy Decker <jdecker7@xxxxxxxxxx>
Date: January 12, 2006 2:19:30 PM EST
To: dave@xxxxxxxxxx
Subject: Dave - Here is a case of Copyright claim gone too far

Greetings Dave,

I am the webmaster for Incredible Art Department - art education site.

I posted this story to Ed Tech list serve and one of the members suggested that I email you. Don Stewart, a visual artist, received a cease and desist letter from a law firm claiming to represent Volkswagen of America.
http://www.dsart.com/
I will give you the name of the firm, if you are interested. He was informed he was in violation of copyright law and must remove his images from his site and tear pages from his book that also contained his drawing (sending pages to the law firm). The same letter from same law firm can be found on line (on Chilling Effects web site - about a VW Re-seller Bug Auto)

They claim that only Volkswagen of America has rights to use the image of a VW Bug - that no "derived" works can be made (whether drawing, photograph, or painting). This is an absurd claim and would bring the art community to a grinding halt if every company demanded the artist get permission to draw their product. The VW Bug is an icon of America culture - it is an object. Objects can be drawn.

Here is the sample lesson plan I put on Incredible Art Department:
http://www.princetonol.com/groups/iad/lessons/middle/Don-puns.htm

My sample letter to CEO
http://www.princetonol.com/groups/iad/lessons/middle/Don-puns2.htm

I have written four emails to VW public relations and have not heard anything from them. I am not writing the lesson up for publication in magazines until the outcome is settled. I want the ending to the story. I will write an official letter to the CEO before I write the magazine articles.

Just imagine that I have include the (R) mark here in all instances, my mail program won't insert the symbol.

Judy Decker - Ohio
Incredible Art Department (IAD)
http://www.princetonol.com/groups/iad/
Incredible Art Resources
http://www.princetonol.com/groups/iad/lessons/middle/




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