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Hmmm... I'm certainly not a lawyer, but as a creative professional, I'm

familiar with copyrighted images. I don't think that Autism Awakening has a

copyright on this concept--especially since it is not original in any sense.

It's been done before and will be done again.

If you choose to " cease and desist, " it should be because it is your choice.

Not because you think Autism Awakening has copyrighted this concept.

Her message is so poorly written that it is difficult to understand her

meaning anyway.

Lynne

> From: JPiker@...

> Reply-GFCFKids

> Date: Tue, 3 Sep 2002 15:07:36 EDT

> abmd , antimonyandarsenic ,

> autismmedia , ,

> chelatingkids2 , ,

> everydaymiraclesautism , GFCFKids ,

> gfcfrecipes , MomsOnAMissionForAutism ,

> pfeifferautispatients , scautismforum

> Subject: [GFCFKids] NO PICTURES!

>

> I was sent the following e-mail so I guess I'm not allowed to make a picture

> collage to send to the senators. If everyone could please take the time to

> personally send your pictures to your senators, I think this will make a huge

> statement. We need to add interesting facts in big letters at the top of each

> picture so that we can educate our senators.

>

> I would like to point out that I was doing this as a concerned parent and not

> through Unlocking Autism.

>

> Jo

>

> In a message dated 9/3/2002 2:36:17 PM Eastern Daylight Time, AutismAwakening

> writes:

>

>

>> There is I believe an infringement of copy right on your name and pictures

>> of vaccine injured individuals with autism online as Autism Awakening has

>> already done this and copy written it. Because of the FRIST Bill etc. This

>> is a request to stop taking pictures for this purpose that was sent to me.

>> I do not want to talk to my lawyer about infringement rights.

>> I do appreciate all things that all groups and people do, but UA already

>> has the autism board which is a great thing we have the online vaccine

>> injured quilt which is copy written

>>

>> Thank you for your attention I would like written response as to your

>> intent within 7 days.

>> Peacefully,

>> LD

>

>

> Jo

> Representative for Unlocking Autism in South Carolina

> www.unlockingautism.org

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Jo:

There's a disclaimer at the bottom of the Quilt page:

Note: All pictures recieved will not be returned. In submitting the

pictures you give rights of use to Autism Awakening for all but not

limited to promotional uses, press releases, brochures, flyers, and

web site coverage. Vaccine Injured With Autism Quilt All rights

resevered in whole or in part by Autism Awakening. Computer

interactive autism quilt presentation of individuals vaccine injured

with autism all rights reserved by Autism Awakening

Means you can't use the same pics in your work. When the parents gave

them the pics they gave them exclusive rights to use them.

Graphics CAN and are copyright protected:

(from http://www.free2copyright.com/copyrighting-graphics.htm)

Copyright Laws - What Rights For Copyright Owners? The copyright laws

give authors of original works of authorship the right to control all

further reproduction and publication of the work. This right attaches

the second that the original work is originally created and fixed in a

" tangible medium of expression. "

The United States Copyright Act grants the author six exclusive rights

including (1) the right to reproduce the work, (2) the right to create

derivative works based upon the original work, (3) the right to

distribute copies of the original work (sale,rental,license,

assignment, or otherwise), (4) the right to publicly perform the work,

(5) the right to display the work, and (6) the right to prevent

distortion, modification, or mutilation of the work.

This means that the author has the right to stop other parties from

(1) making copies of the work, (2) making changes to the work or

creating new works based on the original work, (3) distributing the

work, (4) publishing the work, (5) licensing the work to others, and

(6) otherwise exploiting the work.

These exclusive rights are subject to certain limitations. One of

these limitations is the " fair use " exception. The fair use exception

permits use of a work, even without the consent of the author or

copyright owner, for certain limited purposes. These limited purposes

include uses for criticism, comment, teaching, news reporting,

scholarship or research.

Other limited exceptions to the author's exclusive rights exist. This

includes the right to publicly perform musical composition subject to

payment of royalties and the right to re-record previously published

musical compositions subject to payment of statutory mechanical

royalties to the owner of the copyright. Once the author of a musical

work publishes the work, the work can be re-recorded by others.

However, mechanical royalties which are set by statute, must be paid

to the copyright owner.

Which to my understanding means you can't use the words quilt, vaccine

injured, etc. You also can't use the same format they've used, a

picture with name, age, etc. under it. But you CAN put together a

collage with different pics and identify each child in a different

way, say a number on each pic then a list at the end identifying them.

Just my 2 cents based on past experience with non-profit soccer clubs

and Boy Scouts.

Vickie

> > > I was sent the following e-mail so I guess I'm not allowed to

> make a

> > picture

> > > collage to send to the senators. If everyone could please take

> the

> > time to

> > > personally send your pictures to your senators, I think this will

> > make a huge

> > > statement. We need to add interesting facts in big letters at the

> > top of each

> > > picture so that we can educate our senators.

> > >

> > > I would like to point out that I was doing this as a concerned

> > parent and not

> > > through Unlocking Autism.

> > >

> > > Jo

> > >

> > > In a message dated 9/3/2002 2:36:17 PM Eastern Daylight Time,

> > AutismAwakening

> > > writes:

> > >

> > >

> > > > There is I believe an infringement of copy right on your name

> and

> > pictures

> > > > of vaccine injured individuals with autism online as Autism

> > Awakening has

> > > > already done this and copy written it. Because of the FRIST

> Bill

> > etc. This

> > > > is a request to stop taking pictures for this purpose that was

> > sent to me.

> > > > I do not want to talk to my lawyer about infringement rights.

> > > > I do appreciate all things that all groups and people do, but

> UA

> > already

> > > > has the autism board which is a great thing we have the online

> > vaccine

> > > > injured quilt which is copy written

> > > >

> > > > Thank you for your attention I would like written response as

> to

> > your

> > > > intent within 7 days.

> > > > Peacefully,

> > > > LD

> > >

> > >

> > > Jo

> > > Representative for Unlocking Autism in South Carolina

> > > www.unlockingautism.org

> > >

> > >

> > >

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from the copyright act

" Ideas, procedures, principles, discoveries, and devices are all

specifically excluded from copyright protection. "

so the idea of a collage with autistic children on a quilt

is not copyrightable.

the original work that is the quilt is copyright.

http://www.bitlaw.com/copyright/unprotected.html

the reality of copyright is that unless anybody is losing money by

it, its not enforcable, becuase it costs to enforce and legal

outcomes are always uncertain.

> > I do not want to talk to my lawyer about infringement rights.

> > I do appreciate all things that all groups and people do, but UA

already

> > has the autism board which is a great thing we have the online

vaccine

> > injured quilt which is copy written

> >

> > Thank you for your attention I would like written response as to

your

> > intent within 7 days.

> > Peacefully,

> > LD

>

>

> Jo

> Representative for Unlocking Autism in South Carolina

> www.unlockingautism.org

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