USP v. Durkee
EFF represented Savitri Durkee, an activist concerned with preserving the character of New York City's Union Square and Union Square Park. As one part of her education campaign, Durkee created a website parodying the official website of Union Square Partnership (USP), a group backing extensive redevelopment of the area. In response, USP sent Durkee's Internet service provider a notice pursuant to the Digital Millennium Copyright Act improperly asserting that her parody site infringed USP's copyright, leading to the shutdown of the site. USP also filed a copyright lawsuit against Durkee and later filed a claim with the World Intellectual Property Organization (WIPO) seeking to take control of the parody site's domain name. EFF filed a response to USP's complaint on Durkee's behalf, pointing out that Durkee's parody is protected under the First Amendment and fair use doctrine. The website was eventually restored.
Documents
- January 20, 2009 Settlement[PDF, 214.52 KB]
- November 18, 2008 Answer and counterclaims[PDF, 339.71 KB]
- July 30, 2008 Complaint[PDF, 204.50 KB]
Press Releases
- February 02, 2009 Parody Website Back Online After Settlement of Bogus IP Claims
- November 18, 2008 Bogus IP Claims Quash Debate Over Future of NYC Landmark
In The News
- NEWS BLAZE | February 03, 2009 Free Speech Activist Defeats Union Square Partnership Censors Church
- MEDIAPOST | November 18, 2008 EFF Defends Rights Of Parody Site Creator


