Assassin's Guild Meeting Photo Series

[anysia]

After posting 4+ messages on Ubisoft's facebook page about their erroneous takedown demand, someone finally gave me a link to contact them. It's a PR/Press office. This is the letter/email I sent:

Dear Ubisoft;

Iin early 2007, I did a concept photography session in my home. I made prints of these photos and sold them at art show and printed on demand, and have been selling them for the past 6, almost 7 years. I did this before your "Assassins CREED" game came out.

The reason I'm saying this is my 3 photo series is called "The Assassin's Guild Meeting". You filed an IP violation against my images on one my photo hosting/sale sites. My photos predate your game. The titles of my photos predate your game. You don't own the word ASSASSIN, although you did try to copyright it in 2009, a full two years after my concept photoshoot.

The name of my three (3) photo series is "Assassin's Guild Meeting". NOT Assassin's Creed, which I never heard of until now, I had to search the internet to find information about this game. My photos have nothing to do with your game, have nothing to do with the characters in your games, and doesn't violate any DCMA or trademarking of yours. (see attached jpgs of my image on RedBubble, and a google search of your game)

If your claim is my "Assassin's Guild Meeting" photo series is the same as your video game "Assassin's Creed", and since my concept photoshoot predates your game, including the trademark registration of your game, if anyone's copyright was violated, it was mine.


UBISOFT hasn't registered ASSASSIN. It has registered Assassin's Creed under Class: 28 Games, toys; appliances for electronic games other than those intended for television use only; action figures;board games; automatic games apparatus, other than coin-operated and those adapted for use with television receivers only; automatic coin-operated game machines... which doesn't include artwork,especially artwork that pre-dates your game, and have nothing to do with your game. I have the original images, with their EXIF data intact as proof of when they were taken. There are other photo salesites that host these images which also show the EXIF data.


Please, go to Redbubble and remove your erroneous takedown notice. I really don't want to have to hire a lawyer when I've done nothing wrong.


Regards

Sandra Chung

Sandra Chung, Photographer

Lights, Camera, Still Shots, and Action ® http://sandra.redbubble.com/

(attached jpgs)

Comments

[prk]

Heya,

If it's a DMCA takedown notice, there are specific clauses which allow you (as an individual, without a lawyer) to submit a counter claim notice.

I think I saw the exact process of a counter claim documented by the EFF, but if not, I'm sure a search engine will give you what you need to lodge an official counter claim.

Good luck, and don't let the bastards win.

prk.

[anysia]

Already filed it, and supplied enough evidence to choke a horse. Now it's a waiting game.

[prk]

Excellent,

The bastards deserve to be challenged on their bullshit.

EFA indicated they'd also be interested in having a look if you need.

Good luck!

prk.

[anysia]

If Ubisoft doesn't back off, and Redbubble doesn't reinstate my images, I will gladly send the EFA all the information and files I have.

They MIGHT reinstate my images.. right after the holidays :/