ACLU Takes on the Liberty Council for Justinsomnia in Exodus Billboard Parody Case
Posted on | March 23, 2006
Looks like I jumped the gun a little bit in my update on the Justinsomnia "controversy" over the Photoshop’d billboard parody that Justin Watt of Justinsomnia created. Justin came up with the idea for the billboard back in 2005 after getting offended at seeing the original. He wanted get heterosexual people to see what it was alike to be openly disparaged and have their emotional states questioned simply on the basis of their heterosexuality. Exodus International claims that Watt violated their intellectual property rights when he created the parody. Through a group of religious right-wing lawyers at the Florida-based Liberty Council, Exodus International sent both Watt and Mike Airhart of the blog Ex-Gay Watch a cease and desist letter demanding the removal of the image from the site. In response other bloggers, myself included, posted the image themselves in covering Exodus International’s attempts to silence a critic.
The group claimed that Justin’s use of Exodus International’s intellectual property was illegal because he used a substantial portion of the original with only the two changes of the word "Gay?" to "Straight?" and the web address from Exodus’ to that of Gay.Com. The Liberty Council claims that so few alterations do not make the image exempt under Fair Use. Additionally, the Liberty Council claimed that Justin’s use was illegal under trademark law because of a slanted "e" that Exodus has as its trademark that is apparently in the image as well. I find this funny because I cannot see this slanted "e" on the image which I took directly from Justinsomnia. If I took the image into Photoshop and blew it up I might be able to see it then but who on earth does that on a general basis? Along with the cease-and-desist letter, the Liberty Council also included a pre-written response letter for Justin and Mike to sign that would "confirm [their] agreement to this request, and please note [their] confirmation that no other use is being or will be made of the images or logo" which would basically be them admitting that they committed copyright infringement when in fact they had not.
Yesterday the American Civil Liberties Union, through the law firm of Fenwick & West, sent a response to the Liberty Council detailing how Exodus International is full of shit when it comes to this particular issue. Attorney Lawrence F. Pulgram basically rips the Liberty Council a new one by stating pretty much what I said in my original post on the issue. Pulgram points out things like, while Justin Watt did only make the two alterations to the original image, there is no threshold for that when it comes to artistic works like that and that Watt’s image is obviously not created nor is its message endorsed by Exodus International because it is clearly antithetical to Exodus International’s stated purpose. Because of the antithetical nature of Watt’s parody, his image also cannot supplant that of Exodus International.
Ex-Gay Watch is not taking this thing lying down either. While the site did remove the image as a courtesy, Mike Airhart says that he refuses to agree to the terms in pre-written response letter that the Liberty Council demanded that both he and Justin Watt sign and return and thus surrender their right to use the image under Fair Use. Ex-Gay Watch also contacted Lambda Legal who referred them to the law firm of Irell & Manella who sent a response letter to the Liberty Council that was similar to that sent by Fenwick & West.
If Exodus International and the Liberty Council insists on pressing this bullshit, I hope that both Airhart and Watt consider fighting back not only with the law firms defending them but also by pressing charges of their own. Most states have Malicious Prosecution laws to protect individuals and companies against lawsuits like this. Since Watt is located in California, this makes it a great opportunity for him because of a 2004 decision by the State Supreme Court that allows him to not only hold Exodus International liable but the Liberty Council as well if they continue any legal action since they have been told in no uncertain terms, with citations, that their case is groundless.
One other thing to note is that, as reported by Mike Rogers of BlogActive, apparently Exodus International’s site, including their slanted "e", is lifted from a site for users of the drug Ecstasy as well.
Previous Entries :
- Exodus International Resorts to Legal Threats Over Billboard Parody
- Exodus International Caught in Copyright Infringement While Accusing Gay Bloggers of the Same
- Update on the Empty Legal Threats from Exodus International Over Billboard Parody
Blog Links:
External Links:
- ACLU Case File
- ACLU Defends Blogger’s Right to Parody "Ex-Gay" Group
- Fenwick & West LLP
- Irell & Manella
- RawStory - Ex-gay group targets blogger with cease and desist; ACLU intervenes
Comments
2 Responses to “ACLU Takes on the Liberty Council for Justinsomnia in Exodus Billboard Parody Case”
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March 23rd, 2006 @ 8:07 pm
In regard to the slanted e, I think they are talking about the part of the image right under the Str in straight? It looks like the logo, anyway. Or it’s just me.
March 25th, 2006 @ 2:08 pm
I can’t see it on the pic on Justin’s site, but I do on the one you have posted.