My brothers boxer dog, Gunner, is well known by most Knob Creek goers.  He often gets his picture taken at Knob Creek, and has been on several web sites.  I was surfing the other day and found it on the "About Us" page of the Anti-Defamation League's Militia Watchdog site, which for those of you who don't know, is an anti-militia, somewhat anti-rights web site.  Obviously we would prefer that Gunner's image not be used by anti-gunners in furtherance of their cause.  We do not know who actually took the photo that's on the web site.  My question is what should we do?  Just e-mail them and ask them to take it down, if so on what basis?  Or legal action or what?

Thanks

Are you talking about the Dog drawing looking thing??

Aviator [img]www.dredgeearthfirst.com/aviator.gif[/img]

No, the picture on the About Us page.  I have no idea where they got that lame drawing.

I don't really know if you can do anything about it legally, but this is what I would do. I would send them a registered letter, that is all nice and typed up by someone else that looks really formal. Make it look like it came from a lawyer with a bunch of, "I have been contacted by Mr. XXX to represent them in this matter". But don't lie and say it is really from a lawyer or whatever. Anybody can represent anybody else for just about anything.

In the letter I would specifically name the dog and the website, picture you are referring to, and claim that you would like the dogs likeness taken off of the site immediately. Or, in leiu of using the likeness you are requesting a payment of $1500 US. Claim that you have the right to the dog in questions likeness and that any use in public or private constitues consent to be billed the fee in previously stated.

More than likely they will simply take the picture down instead of even attempting to mess with it. It wouldn't be worth their hassle to them. Im sure they have more pictures to use.

Thats what I would do.

Oh, and make sure everything is signed by everyone and that the printing on the envelope is typed as well. Make it look as formal as possible. Shit like this does wonders.

Michael

Sorry to say, but it sounds like you're SOL. Copyrightable material is any original work of authorship fixed in a tangible medium of expression. Your dog is not an original work of authorship.

But before I go so far as to say you're completely SOL, let me ask you this; who took the picture? The picture IS copyrightable material. If they copied your picture, or copied it from someone else without authorization or license, they can be held liable.

The person that runs the "militia watchdog" site is a overeducated anti-american weenie by the name of Makr Pitcavage. About 3 years ago he was given a $2mill grant from the DOJ to push his propaganda filled website. From then on he became a "militia expert" while being employed at a university (IIRC Florida) and then was used as an "authority" by the FBI's pre-y2k "Project Meggiddo". He was also instrumental with the State and Local Anti-Terrorist Training (SLATT) program.

He has a habit of throwing around the "hate" label whenever he simply finds something he doesn't. He even tried to get a website shut down because they merely happened to be confederate oriented. Basically if you are pro-gun and pro-constitution he puts you on his shit list.

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