http://entertainment.aol.co.uk/the-raymond-delauney-emails/article/200 71016130509990002

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She says, in the e-mail from 11:03 a.m., Oct 10, 2008: "Yes it is the same drawing. I copied and pasted it from the e-mail you sent me..."

To which he should have immediately replied:

Excuse me? You copied it? I am appalled at your unequivocal admission that you have infringed my copyright in this drawing of a spider, and I intend to seek whatever legal or equitable remedies may be available. Title 17 of the United States Code will elaborate:

"Section 102. Subject matter of copyright: In general

"(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:[...]

"(5) pictorial, graphic, and sculptural works....."

So U.S.C. Title 17, Section 102 (a) (5) confirms that I do, in fact own the copyright and you did not have the right to copy it. Section 504 tells us what remedies may be available:

"504. Remedies for infringement: Damages and profits

"(a) In General. — Except as otherwise provided by this title, an infringer of copyright is liable for either —

"(1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or

"(2) statutory damages, as provided by subsection (c)."

As my actual damages and your profits would be difficult if not impossible to accurately measure (my own emotional distress over this matter cannot be overstated), I turn to subsection (c) for what statutory damages are available:

"(c) Statutory Damages. —

"(1) [...]the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action ... in a sum of not less than $750 or more than $30,000 as the court considers just."

So it seems that by freely admitting that you copied my drawing of a spider, you have admitted your civil liability for the tort of copyright infringement, as a remedy for which I am entitled to a sum of not less than $750.

So it now appears that your company owes me, at a minimum, $750. As I owe your company $233.95, I anticipate receipt of a check from you in the amount of $516.05.

Your prompt attention to this matter is greatly appreciated.

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It might have worked if he was the artist Gavin Turk...

Tea Stain
2004
Edition of 1000, signed, numbered and dated
Tea on Somerset paper
14 7/8 x 11 3/16 in. (37.8 x 28.4 cm)
Each work is unique
£75 + VAT (unframed)

http://www.artshole.co.uk/exhibitions/feb%2026%2004/WHITE%20CUBE%20EDI TIONS%20GAVIN%20TURK%20Tea%20Stain.htm