DMCA Equine-Reproduction.com

From: Equine-Reproduction.com LLC

Date: Mon, Jul 29, 2013 at 6:08 PM

Subject: Copyright infringement

To: legal@wikimedia.org

Dear Sir or Madam:

Please be advised of the following, which represents a complaint of copyright infringement for unauthorized use of an image owned by ourselves (Equine-Reproduction.com LLC). To assist in correct completion of the complaint, providing all information requested, we have used the Creative Commons guidelines as below.

If further information is required, please do not hesitate to contact us. Notice of Infringing Material

To file a notice of infringing material... please provide a notification containing the following details: 1: Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);

The image listed below that appears in Wikimedia Commons as a Creative Commons Attribution 2.0 Generic license is a compounded image including the unauthorized use of our image of a 45-day equine fetus. The image that has been used has been removed from our website article located at http://www.equine-reproduction.com/articles/embryo.htm with the direct URL for the image in question being http://www.equine-reproduction.com/articles/fetus.jpg It appears that the image has been compounded with an image of the Helix Nebula, the copyright for which may be owned by NASA/National Geographic/Christie's and which is apparently due to be auctioned in the near future (http://www.telegraph.co.uk/news/picturegalleries/10204148/Christies-National-Geographic-auction.html?frame=2627978). We do not however lay claim to this latter image's copyright, and merely draw your attention to that matter as it may represent a second copyright infringement associated with this infringing image.

2: Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);

The image being used that infringes our copyright appears in Wikimedia Commons at http://commons.wikimedia.org/wiki/File:Equine_reproduction_services_fetus.jpg and possibly other pages associated with that image on Wikipedia.

3: Your contact information so that we can contact you (for example, your address, telephone number, email address);

 

4: A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;

We not only produced and own the image, but we also own the preserved fetus which appears in the photo. We have never provided the image or fetus for use of others, nor given permission for such use, and the page upon which it appears on our website clearly contains copyright information. We therefore categorically deny that there has been any authorization for use of the image that appears on Wikimedia at the above URL or elsewhere on the Internet.

5: A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.

I hereby declare that under the penalty of perjury, all the claims, complaint and information I have provided above is accurate and factual. Furthermore I hereby declare that I am a legal representative of Equine-Reproduction.com LLC, the owner of the image's copyright and that I am both the creator of the infringed image and the author of the article in which the original image appeared.

6: Your physical or electronic signature.

 

Equine-Reproduction.com LLC