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Keys
5377
Vaca
Station
Road
#283
Elmira,
California
95825-0283
To:
Twitter,
Inc.
Legal
Department
1355
Market
Street
San
Francisco,
California
94103-0000
August
31,
2015
Sent
via
Electronic
Mail
To:
Legal
Department,
Twitter,
Inc.,
On
August
31,
2015,
the
legal
department
of
Twitter,
Inc.
notified
me
that
a
claim
had
been
filed
against
a
post
on
my
account
by
Benjamin
L.
Granucci
under
the
Digital
Millennium
Copyright
Act
(DMCA).
The
post
is
located
on
the
open
Internet
by
way
of
Twitters
online
service
at
the
following
web
address:
https://twitter.com/matthewkeyslive/status/637354897915011072
The
post
contains,
among
other
things,
an
image
depicting
a
still
frame
from
a
recent
local
news
broadcast
that
aired
on
television
station
WABC-TV,
an
ABC
owned-and-operated
station
in
New
York
City.
The
still
frame
shows
an
image
that
appears
to
show
a
small
plane
disintegrating
in
mid-air
during
a
recent
air
show
in
the
New
York
area.
WABC-TV,
in
its
capacity
as
a
local
news
outlet,
aired
the
image
among
others
as
part
of
their
news
coverage
on
that
day.
In
his
affidavit
filed
with
your
company
under
the
DMCA,
Mr.
Granucci
swears
under
penalty
of
perjury
that
he
has
a
good
faith
belief
that
the
material
that
appeared
on
Twitter.com
is
not
authorized
by
the
copyright
owner.
In
this
case,
however,
Mr.
Granuccis
claim
is
not
authorized
because
he
is
not
the
copyright
owner
of
a
still
frame
from
WABC-TVs
broadcast.
Mr.
Granucci
has
no
known
association
with
WABC-TV
or
its
parent
company,
Disney-ABC
Television
Group.
If
Mr.
Granuccci
afforded
WABC-TV
a
license
to
retransmit
any
media,
the
copyright
in
this
issue
would
still
fall
with
WABC-TV
and/or
its
parent
company,
not
Mr.
Granucci.
Thus,
Mr.
Granucci
has
no
valid
copyright
claim
under
the
DMCA.
Even
if
Mr.
Granucci
did
have
a
valid
copyright
claim,
here
he
would
still
not
be
able
to
exert
it.
Under
federal
law,
copyrighted
material
may
be
used
pursuant
to
the
Fair
Use
Doctrine
(17
USC
107),
which
affords
the
re-use
of
protected
material
for
purposes
such
asnews
reporting,
among
other
things.
The
account
in
question
primarily
publishes
newsworthy
material
and
the
account
holder
is
involved
in
the
dissemination
of
news
reports
by
trade.
Here,
the
material
in
question
was
used
as
part
of
ongoing
coverage
into
a
news
story
of
national
interest
and
importance.
At
the
time
of
publication,
the
image
Mr.
Granucci
purports
as
his
own
offered
the
most-compelling
and
clearest
view
of
what
took
place
at
the
airshow
in
a
way
that
could
not
adequately
be
represented
in
any
other
form.
In
addition,
the
Fair
Use
Doctrine
provides
for
re-use
of
material
depending
on
any
number
of
factors,
including
the
effect
of
the
use
upon
potential
market
for
or
value
of
the
copyrighted
work.
Here,
the
image
is
depicting
a
still
frame
from
a
WABC-TV
broadcast
of
a
photograph
after
Mr.
Granucci
licensed
and/or
sold
the
photograph
to
them
and
others.
Thus,
he
was
not
substantially
harmed
commercially
or
otherwise
by
the
re-use
of
a
still
frame
from
a
television
broadcast
in
which
Mr.
Granucci
holds
no
copyright.
It
is
for
those
reasons
that
I
assert
Mr.
Granuccis
claim
under
the
DMCA
is
invalid.
I
swear
under
penalty
of
perjury
that
I
have
a
good
faith
belief
that
the
material
was
removed
or
disabled
as
a
result
of
mistake
or
misidentification
or
deliberate
misappropriation
of
federal
law,
in
this
case
of
the
material
to
be
removed
or
disabled.
I
am
asking
that
Twitter
restore
the
material
pursuant
no
later
than
14
days
from
the
receipt
of
this
letter
pursuant
to
the
sites
own
policy,
and
that
it
refrain
from
removing
any
additional
material
pursuant
to
Mr.
Granuccis
original
and
unfounded
DMCA
claim.
Should
Mr.
Granucci
wish
to
escalate
this
matter,
I
consent
to
the
jurdisction
of
the
Federal
District
Court
for
the
Eastern
District
of
Northern
California
and
I
will
accept
service
of
prcess
from
the
person
who
provided
notice
to
your
company
under
17
USC
512(c)(1)(C)
or
an
agent
of
such
person.
Should
you
need
to
contact
me,
please
reach
out
via
the
following
address:
Matthew
Keys
5377
Vaca
Station
Road
#283
Elmira,
California
95825-0283
(415)
857-2407
matthew@sactownmedia.com
Regards,
--xxx--
Matthew
Keys
Twitter:
@MatthewKeysLive