In addition to authoring the original textual matter for the Work, Ms. Spiegelcreatively selected, coordinated and arranged certain illustrations, photographs and quotesincluded in the Work.
The Work also includes an original forward written by AliceWalker.
IDEA, through its division, Mirror Books, registered a copyright in theWork.
t Ex. A.Subsequent to the Work's publication in
PETA and IDEA engaged innegotiations regarding PETA's proposal to reprint excerpts, to obtain multiple copies, or toreprint and distribute copies of the work in its entirety, but no agreement was ever reached.
IDEA alleges that, "since at least
and continuing through to the present,PETA has, without authorization from or attribution to IDEA, prepared, reproduced, distributedand publicly displayed certain textual and graphical materials
copied from and substantiallysimilar to protectible elements of the Work."
IDEA further alleges that PETA used itsinfringing materials: in a media campaign entitled the "Animal Liberation Project," whichincludes a touring exhibit; in electronic versions featured on certain websites under PETA'scontrol; in printed brochures and promotional materials; and in connection with advertising andfund-raising activities.
IDEA contends that, because the similarities between PETA'smaterial and the Work are "neither fortuitous nor
minimis," PETA has infringed andcontinues to infringe upon IDEA's registered copyright in the Work.
Not later than August
IDEA objected to PETA's use of the allegedinfringing materials and has communicated its continuing objection since that time.
Despite IDEA's objections, PETA has continued to reproduce, distribute and display theallegedly infringing materials.