Fox Demands Bleeding Cool Take Down City Centre Street-Shot X-Men Photos

X-Men: First Class came to Oxford yesterday. And Bleeding Cool’s Brendon Connelly wandered around the streets as they filmed, taking a few photos as he went. Which he subsequently uploaded to Bleeding Cool with a couple of night shots to follow. And then Bleeding Cool received the following;

To whom it may concern:

We have recently learned that you have posted one or more photographs purportedly from the set of Twentieth Century Fox Film Corporation’s (“Fox”) “X-MEN: FIRST CLASS” motion picture (the “Picture”) on the following Internet page(s) without authorization from Fox:

http://www.bleedingcool.com/2010/09/29/xavier-moira-and-mystique-bleeding-cools-first-shots-from-x-men-first-class/

Such unauthorized use infringes the intellectual property rights in and to the Picture owned by Fox and its associated entities. Therefore, we must demand that you immediately remove the photograph(s) from your website. We further request that you provide written acknowledgment to the undersigned that you have ceased the infringing conduct complained of herein.

Should you refuse to remove the photograph(s) and provide written acknowledgement by close of business on September 30, 2010, we will consider exercising all remedies available to Fox, including taking action against you without further notice to you.

This correspondence is not a complete statement of Fox’s rights in connection with this matter or a complete listing of Fox’s possible claims against you, and nothing contained herein is intended, nor should be construed, as an express or implied waiver of any rights or remedies that Fox may have relating to this matter, all of which are hereby expressly reserved.

Very truly yours,

Kasimira C. Verdi
Director – Intellectual Property
Fox Group Legal
Fox Plaza/2121 Avenue of the Stars, Rm 2234
Century City, CA 90067

foxip@fox.com

Can Bleeding Cool seriously be sued for posting photographs taken in a public place without any subterfuge, no invasion, no long lenses? Is this what you call a nuisance suit? Can you really prevent people from taking a photo of a bus stop on their street and posting it online?

Put it this way, Bleeding Cool is in no position to fight anyone with lawyers on this. So we’ll probably crumble. But we shouldn’t, should we?

Of course… is there anything to stop us just running shots taken in Oxford without mentioning that they came from any specific film? So that they are not purporting to be from X-Men: First Class? Let’s find out. We have, after all, until the end of the day…

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