Reporter's full name: Shannon McKeon
Full name: Shannon McKeon
Street address: 1300 I Street, N.W.
City: Washington, DC
Postal code: 20005
Email address: email@example.com
Offender's username: lenkaolenka
Location of copyrighted materials: http://lenkaolenka.livejournal.com/906898.html
Location of original copyrighted material: http://peacetraveler22.livejournal.com/127133.html
Good Faith Statement: I do affirm that in good faith, I believe that this material is not authorized for this use.
Penalty of perjury statement: I hereby state, under penalty of perjury in a United States court, that the material given here is accurate and I am authorized to act on behalf of the copyright holder.
User understands counterclaim proceedings: Yes
Additional Comments: Dear Sir or Madam:
My name is Shannon McKeon. I am an intellectual property attorney in Washington, DC, but also write an English language blog on LiveJournal, which is read only by Russian speaking subscribers. In my blog, I write mostly about my travels to Russia and other countries. In connection with these stories, I place a large number of photos in my blog, almost all of which are marked with the International copyright symbol ©, my name, and my blog address peacetraveler22.livejournal.com.
On 31 May 2015, two of my copyrighted photos appeared in connection with the story posted at the following link: http://lenkaolenka.livejournal.com/906898.html
. The post contains falsities and lies about me and my travel stories, which could have an adverse impact on my blogging reputation in the LiveJournal community. I am a strong advocate for free expression, even if such expression is unfavorable to me. This is one of the strongest principles upon which America was founded. However, the author of this blog used my images and created a scandalous post about me for the main purpose of promoting her music school in the comments to the post. If you review the comments (there are now almost 1500 of them), you will see over and over again that the blogger posts YouTube videos and weblinks to pages associated with her music school and services for commercial gain. By way of example, you can look at this thread http://lenkaolenka.livejournal.com/906898.html?thread=6390418#t6390418
, or simply review the 9 pages of comments to the post.
The blogger known as “lenkaolenka” on LiveJournal clearly used my copyrighted images for the purpose of self-promotion and free advertisement for her music training services. Her objective was achieved, because this post hung in TOP LJ for the entire day of 1 June 2015. I would kindly ask that the moderators in charge of the posts in TOP LJ be more responsible with the content posted there. If this blogger wants free advertisements for her music school and classes, she can pay for it in promos, but not at the expense of my character and blogging reputation. Accordingly, I kindly ask that my copyrighted photos be removed from the webpage athttp://lenkaolenka.livejournal.com/906898.html
Copies of the photos, with my copyright signature are attached hereto. However, you can also see the copyrighted photos in earlier publications on my blog in LiveJournal, and the popular LJ Community “Odin-Moy-Den,” as reproduced below:
(1) Original story dated 8 April 2015, appearing on my blog: http://peacetraveler22.livejournal.com/127133.html
(2) Translated version of the same story, dated 27 May 2015, appearing in the LJ Community “Odin-Moy-Den”: http://odin-moy-den.livejournal.com/1820551.html
I ask ONLY that my copyrighted photos be removed, not that the entire webpage or story published at http://lenkaolenka.livejournal.com/906898.html
be taken down. The blogger is free to express her opinions about me and my country, but not to use my copyrighted photos for the purpose of promoting her own commercial interests, and drawing traffic to her blog, without my express consent. Please note there are also copyright and legal notices posted in my LJ profile, which expressly state that use of my copyrighted photos for commercial gain is strictly prohibited, unless permission is given to use same. See http://peacetraveler22.livejournal.com/profile
I look forward to receiving your prompt response to this complaint. In the absence of attention to this matter, further legal action will be considered.
Peacetraveler22.livejournal.comAnswer (#7428878) Posted
Wed, 03 Jun 2015 11:50:14 GMT (2 days ago)
Thank you for your report. We have disabled access to the material in question.
Please note that the user is entitled under United States law to file a counter-notification, if the user believes that they are entitled by law to use this material. If this happens, we will contact you with further information.
LiveJournal Abuse Prevention TeamAnswer (#7430938) Posted
Thu, 04 Jun 2015 12:18:26 GMT (1 day ago)
We have received a counter-notification regarding your claim of copyright infringement, which I have included below my signature. Pursuant to the Digital Millennium Copyright Act, you now have 10 business days to notify us that you have filed a lawsuit against this person regarding use of this material. If we do not receive this notification, the material in question will be restored after 10 business days have passed.
LiveJournal Abuse Prevention Team
(A) Your physical or electronic signature
(C) I state under penalty of perjury in a United States court of law, that I have a good faith belief that the material in question was identified as a copyright violation as a result of mistake or mis-identification, including the reasons why you believe this;
(D) Hellene Hiner 15131 New Hastings Dr Houston TX 77095 USA 713 443 8984
(E) I state that I consent to the jurisdiction of Federal District Court for the judicial district in which I address is located and that I will accept service of process from the person who provided the initial notification.
I received the information that my entire LJ entry is blocked for the reason of 'using someone's copyrighted work'
In this regards I have the following information:
1, The photo collage that was published in the entry is taking just a small part of the story. Why the entire story was blocked?
2. Fair use provisions of U.S. copyright law allow use of copyrighted materials on a limited basis for specific purposes without the permission of the copyright holder.
a. I used 2 excerpts of the previously published images with no copyright information as a collage for repurposing, decontextualizing, creating a new purpose or meaning of the images on the picture and the educational purpose.
b. The nature of my work is published, fact-based content
c. Amount used: I used only the amount needed for a given purpose; I am using combination of 2 small images
d. It was not possible to obtain the permission from the author of the work, because there was no copyright information on the pictures. Pictures presented images of other people. I asked the publisher about the nature of the pictures and lawfulness of using them and the publisher assured me that the permission was obtained, but didn't share contact information of potential owners of the pictures . Therefore, I believe the copyright of the images is vague to begin with.
Hellene HinerComment (#7431334) Posted
Thu, 04 Jun 2015 15:25:02 GMT (1 day ago)
I am in receipt of Hellene Hiner's counter-notification regarding the dispute involving use of my copyrighted photographs on the blog entry at http://lenkaolenka.livejournal.com/906898.html
. As stated in my initial abuse complaint filing, I asked only that my copyrighted photographs be removed, NOT that the entire entry be suspended.
In view of the foregoing, if Ms. Hiner removes my copyrighted images from the webpage at http://lenkaolenka.livejournal.com/906898.html
, please "unsuspend" the page for viewing to the public.
If you have further questions, please let me know.
peacetraveler22.livejournal.comAnswer (#7431572) Posted
Thu, 04 Jun 2015 18:02:53 GMT (1 day ago)
Thank you for responding back.
We do not have the ability to remove an image hosted on another site. The image reported is hosted by Photobucket, and linked from that site to display in the LiveJournal entry you reported to us.
As we must disable access to the material in question upon receipt of a valid compliant of copyright infringement as specified by the Digital Millennium Copyright Act (DMCA), our only option is to disable access to the entire entry.
We contacted the other party upon disabling of access to the entry to inform them of the reason, and they have chosen to file a counter-notification, which we passed on to you.
We will pass on your message. However, if the poster does not wish to remove the image, you will either need to proceed with a lawsuit against them within 10 business days of the original receipt of the counter-notification, or contact the website hosting the image, Photobucket. Otherwise access to the post, and image, will be reinstated.
LiveJournal Abuse Prevention TeamComment (#7431578) Posted
Thu, 04 Jun 2015 18:07:16 GMT (1 day ago)
Please reinstate access to the post, and lift the suspension. I will work with Photobucket to get the copyright image removed, if it reappears on the webpage. My intention was never to suppress the speech, or viewpoint of the author. Thank you.
peacetravler22.livejournal.comAnswer (#7431582) Posted
Thu, 04 Jun 2015 18:11:51 GMT (1 day ago)
Thank you for responding back again.
Please confirm that you wish to withdraw your complaint of copyright infringement in this case.
Once we have your confirmation, we will restore access to the content.
LiveJournal Abuse Prevention TeamComment (#7431592) Posted
Thu, 04 Jun 2015 18:22:34 GMT (1 day ago)
Yes, please withdraw the current abuse complaint for copyright infringement at this time. I will pursue a difference course of legal action against Ms. Hiner through my attorney. Freedom of expression is extremely important to me, and the intention was never to suppress her opinion about me or the USA, only her overt misuse of my images for commercial promotion and advertisement of her business and piano software.
Nothing written herein, or in any communications regarding this abuse complaint, constitutes a waiver of rights in my copyrighted images. Moreover, I reserve the right to take legal action against Ms. Hiner in the future.
Shannon McKeonAnswer (#7431610) Posted
Thu, 04 Jun 2015 18:29:50 GMT (1 day ago)
Thank you for your confirmation. We have restored access to the material in question.
LiveJournal Abuse Prevention Team