March 20, 2002
Marc J. Kopeikin
9454 Wilshire Blvd. Suite 600
Beverly Hills, CA 90212
Dear Mr. Kopeikin:
I am writing on behalf of
A. D. Coleman, a member of the National Writers
Union (NWU). The NWU, an affiliate of the United
Auto Workers, with more than 7,200 members, is committed
to protecting writers' rights, to fostering communications
among writers concerning acceptable industry practices,
and to promoting the highest ethical standards regarding
writers’ work.
According to documentation
supplied by Mr. Coleman, his intellectual property
was posted without his knowledge, permission, or
payment on the Paul Kopeikin Gallery Web site (www.paulkopeikingallery.com).
Such action violated Mr. Coleman’s intellectual
property rights and constitutes, as the Supreme
Court ruled in June 2001 case Tasini et al. v. The
New York Times et al., an infringement of his copyright.
A copy of the Times article detailing the
decision is enclosed.
Since that ruling, three other
cases have led to similar findings. The rulings
against Napster have been widely publicized. Last
fall the Supreme Court upheld the ruling in Greenberg
v. National Geographic Society; the ruling found
against National Geographic magazine, which had
reproduced Greenberg’s photography on a CD-ROM
without his knowledge, permission, or additional
payment. In the case of Kelly v. Arriba Soft, Inc.,
which was decided on Feb. 6, 2002, the court found
that photographer Les Kelly’s work had been
harvested from his Web site and posted on the Arriba
Soft Web database without his knowledge, permission,
or payment. In all these cases the plaintiffs have
successfully sued for damages to compensate for
the theft and unethical use of their copyrighted
materials.
Mr. Coleman sent Mr. Kopeikin
a new invoice on March 15 for $3,868. Please see
that a check for $3,868 is remitted to Mr. Coleman
upon receipt of this letter or no later than April
3. Otherwise, he and the NWU will be forced to take
further action.
If you wish to discuss this
matter with me, you are welcome to call me at 212.989.6756.
You may also write me at 258 West 22nd St., Apt.
4A, New York, NY 10011. Thank you for your prompt
cooperation in this matter.
Sincerely,
/s/ Susan E. Davis
Grievance Officer, National Writers Union
cc: A. D. Coleman
