124 of you have voted, but only five of you have guessed that the cranky celebrity of the day is ... OPRAH!:
Her lawyer's email and my response after the jump – and I will update as warranted.
And yes, the threat came from an actual lawyer, not from a minge, although the two terms are virtually synonymous anyway, right?:
Dear Matt and Robbie:
This law firm represents Ms. Oprah Winfrey and Harpo, Inc. ("Harpo").
It has recently come to our attention that your website, malcontent.typepad.com (the "Website"), is featuring photographs and video excerpts from The Oprah Winfrey Show. The photographs and video excerpts are located at the following link on the Website: http://malcontent.typepad.com/malcontent/oprah/index.html. This page of the Website uses photographs and video excerpts from episodes of The Oprah Winfrey Show which featured the following guests: Jake Gyllenhaal, Heath Ledger, Anderson Cooper, and the cast of Will & Grace.
Harpo owns the copyrights in and to each of these photographs and video excerpts which are included on the Website. Harpo has no record of any contract or agreement with you that grants to the right to feature these photographs or these video excerpts on the Website. The inclusion of these photographs and video excerpts on the Website is in violation of the U.S. Copyright Act, 17 U.S.C. Sec. 101 et seq.
Since your actions constitute copyright infringement, we insist that you immediately:
(i) Remove each of the photographs of Ms. Winfrey and/or show guests on the set of The Oprah Winfrey Show, as well as all video excerpts of The Oprah
Winfrey Show, that appear on the Website; and
(ii) refrain from using any and all references to Ms. Winfrey, "The Oprah Winfrey Show", and any elements that incorporate Harpo’s intellectual property and/or Ms. Winfrey’s name, image and likeness without first having obtained Harpo’s express, written consent.
Nothing in this letter should be construed as a waiver of any legal rights, at law or in equity, that Harpo and/or Ms. Winfrey may have; all such rights are hereby expressly reserved.
Please reply within five (5) business days of your receipt of this e-mail. If we do not receive a response by that date, we will presume that you do not intend to comply with the terms of this e-mail, and we will consider all remedies (legal, equitable and otherwise) at our disposal.
I look forward to receiving your response.
THE ENTERTAINMENT & INTELLECTUAL PROPERTY GROUP, LLC
[T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.