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Home > Przydzial v. Alkhateeb

Przydzial v. Alkhateeb [1]

Submitted by DMLP Staff on Fri, 09/18/2009 - 11:20

Summary

Threat Type: 

Correspondence

Date: 

08/01/2009

Status: 

Pending

Disposition: 

Material Removed

Location: 

California

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Copyright Infringement
In August 2009, photo-sharing site Flickr removed an image from Firas Alkhateeb's photostream in response to a DMCA takedown notice.  The image was a photograph of President Barack Obama from the cover of Time Magazine modified to look like... read full description
Parties

Party Receiving Legal Threat: 

Firas Alkhateeb

Type of Party: 

Individual

Type of Party: 

Individual
Description

In August 2009, photo-sharing site Flickr removed an image from Firas Alkhateeb's photostream [2] in response to a DMCA takedown notice.  The image was a photograph of President Barack Obama from the cover of Time Magazine modified to look like Heath Ledger's Joker from The Dark Knight.  The image gained some notoriety when someone else used it to make a poster captioned "socialism." 

At first, it was unclear who sent the DMCA takedown notice because DC Comics and Time publicly stated that they had not done so.  Some investigation by Thomas Hawk [3], chief executive of Flickr rival Zoomr [4], revealed that someone named Edward Przydzial sent the DMCA takedown notice and claims to be the originator of the Obama/Joker image.  

It is not clear whether AlKhateeb has filed a DMCA counter-notification. 

After the debate sparked by Flickr's removal of the image [5], the company revised its policy for handling DMCA takedowns.  According to ZDNet [6]: 

"Upon receipt of a complete NOI [notice of infringement], the US
Copyright Team will replace the image with a new static image that
bears the following copy: 'This image has been removed due to a claim
of copyright infringement,'" said Heather Champ, Flickr's director of
community, in a comment. 

According to Flickr, under the change in policy the discussion under the photo is preserved and it should be easier to reinstate a photo after a counter-notification is filed.

Related Links: 

  •  Thomas Hawk: Who Is Edward Pryzdzial and Did He Issue a DMCA Takedown Notice Over the Joker/Obama Image to Flickr [3]
  • ZDNet: Flickr changes tune over Obama Joker image [6]
  • Flickr v. Free Speech: Where Is Their Courage? [5]
  • TechCrunch: Flickr Shuts Down Forum Discussion on Obama-Joker Image [7]
  • Los Angeles Times: Flickr says 'Obama Joker' image removal complied with takedown request [8]
Details

Web Site(s) Involved: 

Flickr: khateeb88's Photostream [2]

Content Type: 

  • Photo

Publication Medium: 

Website

Subject Area: 

  • Copyright
  • Fair Use
  • DMCA
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • United States
CMLP Information (Private)

Priority: 

1-High

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/przydzial-v-alkhateeb

Links
[1] https://www.dmlp.org/threats/przydzial-v-alkhateeb
[2] http://www.flickr.com/photos/khateeb88/
[3] http://thomashawk.com/2009/08/who-is-edward-przydzial-and-did-he-issue-a-dmca-takedown-notice-over-the-jokerobama-image-to-flickr.html
[4] http://www.zooomr.com/people/thomashawk/
[5] http://www.techcrunch.com/2009/08/21/flickr-v-free-speech-where-is-the-courage/
[6] http://news.zdnet.com/2100-9595_22-338564.html
[7] http://www.techcrunch.com/2009/08/21/flickr-shuts-down-forum-discussion-on-obama-joker-image/
[8] http://latimesblogs.latimes.com/technology/2009/08/obama-joker-flickr-copyright.html