Baker Questions Copyright Status of Fischel CD-ROM

From: ace@acebaker.com
Subject: Fischel CD - Copyright Clearance
Date: January 29, 2008 11:00:42 AM PST
To: scg@glickman-law.com, Lebovits@dfis-law.com

Dear Steve Glickman and Moses Lebovits:

I have today received the copy of the Fischel CD-ROM that was made at my request. I had to pick the certified mail package up at the post office, it was not delivered to my house for whatever reason. I received the scan of the CD-ROM cover via email a week or two ago, but did not look at it until now.

Upon reviewing the artwork from Dr. Fischel's CD-ROM, I see that it is copyrighted. On the back cover is written:

"©2002, MediMultiMedia Inc. All rights reserved."

I am not sure who actually made the copy of the CD-ROM, Mr. Lebovits, Mr. Glickman, or someone else. The copying may have been a copyright infringement. While my intended reproduction and criticism of the Fischel video excerpts would surely be exempt from copyright protection under the doctrine of "Fair Use", I am not sure what the law has to say about making complete copies in order to replace lost evidence in a court case file. I simply don't know.

Evidently "MediMultiMedia Inc." is the copyright holder on this material. I don't know who or what that is. I request that someone provide me with a statement from MediMultiMedia or Dr. FIschel that they allow this copy to have been made. I had no knowledge that this material was copyrighted until today. Often promotional material such as this is not copyrighted. Had I known it was copyrighted, I would have insisted on a copyright clearance in advance of any copy having been made.

If copyright clearance cannot be obtained, I will send the copy back to its rightful owner, if I can determine who the rightful owner is. Otherwise I will destroy it.

Sincerely,

Alexander Baker