JD Power, Copyright and Fair Use
Mitsubishi! > Cars > Quality Surveys > JD Power > Copyright, Fair Use or Conflict of Interest
On November 8, 2005, Mitsubishisucks.com received an email from J. D. Power asking it to discontinue using its name and its material. Mitsubishisucks thinks that its use falls under Fair Use ( US Copyright Office on Fair Use, Stanford Copyright and Fair Use Center ). Mitsubishisucks believes in freedom of speech and in public interest it will make public aware of the latest developments in this issue.
Text of Nov 8, 2005 J.D. Power's Copyright Notice Letter
Subject: Use of J.D. Power and Associates information
Date: Tue, 8 Nov 2005 07:20:42 -0800
From: [Private]
To: [Private]
To Whom It May Concern:
It has been brought to our attention that the Mitsubishi Sucks Web site, www.mitsubishisucks.com, is displaying information derived from Power Circle Ratings on the J.D. Power Consumer Center. Information posted on the J.D. Power Consumer Center is copyrighted information owned by J.D. Power and Associates. Use of the Consumer Center Power Circles is not permitted without the express prior written permission of J.D. Power and Associates. Perhaps this was a simple oversight or a misunderstanding, but your use of our name and information based on Power Circle Ratings in this manner infringes on our service marks.
It is often assumed by many organizations that J.D. Power and Associates' name and information may be used for promotional purposes. All J.D. Power and Associates information, including our name and service marks, is owned by our company. Only those companies who license the Power Circle Ratings may use our name and the Ratings on their Web site. Furthermore, J.D. Power and Associates must first approve the layout and verbiage associated with Power Circle Ratings prior to public viewing.
In the hopes of preventing further infringement of our service marks, we request a signed letter, to be received by November 15, 2005 stating that you will discontinue use of this material, and any other marketing, advertising, and/or promotional material referencing the J.D. Power and Associates' name or service marks. This letter may be sent via fax to 805-418-8566.
Your cooperation is greatly appreciated. Please feel free to call me if you have any questions regarding the licensing guidelines of J.D. Power Consumer Center Power Circles.
Sincerely,
[Private]
Consumer Center Specialist, Corporate Communications
J.D. Power and Associates
2625 Townsgate Road
Westlake Village, CA 91361
805.418.8856 | 805.418.8900 fax
Nov 13, 2005: Mitsubishisucks.com Responds Citing Fair Use
Date: Sun, 13 Nov 2005 20:21:33 -0800 (PST)
From: [Private]
Subject: RE: Use of J.D. Power and Associates information
To: [Private]
Hi [Private],
Thanks for sending me your document.
A few months ago, before I used J.D. Power's material on mitsubishisucks.com web site, I researched a few authoritative internet sites and came to the conclusion that my usage fell under Fair Use. This past weekend I revisited some of those sites to refresh my mind and my conclusion is same as before. That is, I firmly believe that my usage is Fair Use and I can use J.D. Power's material.
However, if your firm disagrees with my conclusion and wants to send me any correspondence outlining its reasoning, I would be most receptive.
Meanwhile, I have posted J.D. Power and Associates' correspondence with me on http://www.mitsubishisucks.com/cars/quality/jd-power/fair-use/ and have linked it prominently from the pages I have mentioned/used J.D. Power's material so that visitors to my site would have no doubt that the material they would be reading on those pages has copyright dispute.
In case of any comments please don't hesitate to contact me by either e-mail or other means.
Sincerely,
[Private]
http://www.mitsubishisucks.com