Dear Tweetree:
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled http://www.flickr.com/photos/artistjentucker/2250629221/in/set-72157606769473911/ & the painting "Icons" in the preparation of a work derived therefrom. I have reserved all rights to works on & in http://www.flickr.com/photos/artistjentucker/2250629221/in/set-72157606769473911/ & "Icons", the work first published in 2005 & again on Feb. 03, 2008 on Flickr, and have registered copyright therein. Your work entitled http://tweetree.com/SisterInArms uses what is essentially an identical image as "Icons" and clearly used the Work as its basis for the background. The background is clearly a copy of the painting that is copyrighted by Jen Tucker aka SisterInArms and was produced in 2005 & published on the website Jentucker.com the same year & then published on jentuckerart.com in 2007 & Flickr Feb. 03, 2008. The copyright is clearly stated on the website http://www.flickr.com/photos/artistjentucker/2250629221/in/set-72157606769473911/. All images on the flickr site are copyrighted and it is stated so on the Flickr site.
As you neither asked for nor received permission to use the Work as the basis for http://tweetree.com/SisterInArms nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by July 8th, 2009 indicating that you have fully complied with these requirements, I shall take further action against you.
Very truly yours,
Jen Tucker
online name SisterInArms
also sisterinarms
P.O. Box 1332
Norman, OK 73070-1332