A. M. Paquette letter

Subject: Unauthorized Use of Copyrighted Materials
Date: Wed, 24 Jun 2009 00:36:49 -0400
From: ampaquette@aol.com
To: abuse@singleedge.com

Dear Sir/Madam:

Our office represents Bridge Publications, Inc. ("BPI"), the owner of the copyrights to the published works of the Scientology religion in the Western Hemisphere. These works include numerous books, bulletins, writings, and taped lectures of Mr. L. Ron Hubbard, the founder of the Scientology religion.

We also represent the L. Ron Hubbard Library, owner of the copyrights of the many photographs of Mr. Hubbard taken during his lifetime, as well as representing the Church of Scientology International ("CSI"), owner of the copyrights to numerous religious magazines published by CSI.

We have been informed that one of your customers has placed, at the very least, up to a hundred photographs of Mr. Hubbard on his or her webpage. This customer has copied numerous portions of books, taped lectures and bulletins comprising BPI's copyrighted works, and placed them on his or her Single Edge webpage. This customer has also taken portions of CSI's copyrighted magazines and placed them on his or her Single Edge webpage, all of which have been done without our clients' authorizations.

These infringements can be found under the following URLs:

http://friendsoflrh.org/Section2/
http://friendsoflrh.org/Section2/index_top.htm
http://friendsoflrh.org/Section2/02Auditor_Training.htm
http://friendsoflrh.org/Section2/03Training_Stats.htm
http://friendsoflrh.org/Section2/04Why_People_Justify.htm
http://friendsoflrh.org/Section2/05Popular_Justifications.htm
http://friendsoflrh.org/Section2/06Reasonableness.htm
http://friendsoflrh.org/Section2/07Altered_Tech.htm
http://friendsoflrh.org/Section2/08The_Sabotage_of_Training.htm
http://friendsoflrh.org/Section2/09Solutions_and_Wrong_Whys.htm
http://friendsoflrh.org/Section2/10The_Real_Why.htm

Please be advised that your customer's action in this regard violates United States copyright law. Accordingly, we ask for your help in removing these works immediately from your service.

Under the U.S. Copyright Act, 17 U.S.C. Section 106, it is unlawful to reproduce or distribute someone else's copyrighted work without that person's authorization. See, BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005) (acknowledging that posting copyrighted materials on the Internet constitutes copyright infringement). Moreover, the reproduction of a photograph in its entirety constitutes copyright infringement. See, Rogers v. Koons, 751 F.Supp. 474, 478 (S.D.N.Y. 1990) aff'd, 960 F.2d 301 (2nd Cir.), cert. denied, 506 U.S. 934 (1992); see also, Playboy Enterprises, Inc. v. Russ Hardenbhurgh, Inc., 982 F.Supp. 503, 513 (N.D. Ohio 1997) (where defendants were found to have violated plaintiff's exclusive publication right by moving subscriber-uploaded photographs to common bulletin board service files); Playboy Enterprises, Inc. v. Webbworld., Inc., 991 F.Supp. 543 (N.D. Texas 1997) (where court found that the owner of an internet site infringed a magazine publisher's copyrights by displaying copyrighted images on its website); Kelly v. Arriba Soft Corporation, 280 F.3d 934 (9th Cir. 2002) (where court found that displaying plaintiff's copyrighted photographs on defendant's website infringed plaintiff's "exclusive right to display the copyrighted work publicly" under the Copyright Act).

We also ask that you preserve any and all documents pertaining to this matter and this customer, including, but not limited to logs, data entry sheets, applications -- electronic or otherwise -- registration forms, billings statements or invoices, computer print-outs, disks, hard drives, etc.

I have a good faith belief, and in fact know for certain, that posting copies of these works through your system was not authorized by my clients, any agent of any clients, or the law.

I declare under penalty of perjury that this information is accurate and that I am authorized to act on behalf of the L. Ron Hubbard Library, CSI and BPI in this matter.

I appreciate your prompt attention to this matter.
Sincerely,
Ava Paquette
Moxon & Kobrin
3055 Wilshire Boulevard
Suite 900
Los Angeles, California 90010
Tel: (213) 487-4468
Fax: (213) 487-5385

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