National Press Photographers Association 1100 M&T Center • 3 Fountain Plaza • Buffalo, NY 14203 Phone: 716.566.1484 • Fax: 716.608.1509 lawyer@nppa.org
August 4, 2014 Donald T. Lysle, Ph.D., Chair Department of Psychology The University of North Carolina at Chapel Hill Davie Hall Campus Box 3270 Chapel Hill, NC 27599-3270 Via dlysle@email.unc.edu Re:
David M. Parker Assoc. Vice Chancellor & Deputy General Counsel The University of North Carolina at Chapel Hill 110 Bynum Hall, Campus Box 9105 222 East Cameron Avenue Chapel Hill, NC 27599-9105 Via David_M_Parker@UNC.EDU
Copyright Infringement
Dear Dr. Lysle and Vice Chancellor Parker: As general counsel for the National Press Photographers Association (NPPA) I have received copies of your letters (respectively dated June 16, 2014 and July 2, 2014) to one of our members, Justin Cook, who is also a distinguished alum of the UNC School of Journalism and Mass Communications. I read those letters with a mixture of disappointment and disbelief. Disappointment that representatives of such an esteemed institution of higher learning, which expects compliance with copyright law, can believe that a copyright infringement of a photograph can be mitigated by the poor excuse of “inadvertent use” along with a half-hearted apology. Disbelief in reading (from an attorney no less) that since “the photograph did not have a copyright notice, watermark, or any other warning that publication for non-commercial use was prohibited,” this in some way justifies its misappropriation. Surely Mr. Parker knows that there are no such requirements under U.S copyright law. What is even more disturbing is the perfunctory assertion that “no commercial use of the photograph or harm to your business as a professional photographer was intended.” Which leads me to ask – exactly how you believe photographers earn a living if people as educated as yourselves condone such behavior and do not think payment for a misappropriated photograph is required? I am painfully aware that the cost of bringing an infringement claim in federal court far exceeds any expectation of recovery in this case, where the university might also raise sovereign immunity as a defense. Therefore, I ask you to stop devaluing photography and reconsider your position by dealing fairly with Mr. Cook with regard to his request for payment. Thank you for your attention in this matter. I look forward to your response. Very truly yours,
Mickey H. Osterreicher Mickey H. Osterreicher General Counsel cc:
Susan King, Dean, UNC School of Journalism and Mass Communication (via email) Mr. Justin Cook (via email)