Matthew

Keys
5377 Vaca Station Road #283
Elmira, California 95825-0283

To: Twitter, Inc.
Legal Department
1355 Market Street
San Francisco, California 94103-0000


August 31, 2015

Sent via Electronic Mail


To: Legal Department, Twitter, Inc.,

On August 31, 2015, the legal department of Twitter, Inc. notified me that a claim
had been filed against a post on my account by Benjamin L. Granucci under the
Digital Millennium Copyright Act (DMCA). The post is located on the open Internet
by way of Twitters online service at the following web address:


https://twitter.com/matthewkeyslive/status/637354897915011072

The post contains, among other things, an image depicting a still frame from a
recent local news broadcast that aired on television station WABC-TV, an ABC
owned-and-operated station in New York City. The still frame shows an image that
appears to show a small plane disintegrating in mid-air during a recent air show in
the New York area. WABC-TV, in its capacity as a local news outlet, aired the image
among others as part of their news coverage on that day.

In his affidavit filed with your company under the DMCA, Mr. Granucci swears
under penalty of perjury that he has a good faith belief that the material that
appeared on Twitter.com is not authorized by the copyright owner. In this case,
however, Mr. Granuccis claim is not authorized because he is not the copyright
owner of a still frame from WABC-TVs broadcast. Mr. Granucci has no known
association with WABC-TV or its parent company, Disney-ABC Television Group. If
Mr. Granuccci afforded WABC-TV a license to retransmit any media, the copyright in
this issue would still fall with WABC-TV and/or its parent company, not Mr.
Granucci. Thus, Mr. Granucci has no valid copyright claim under the DMCA.

Even if Mr. Granucci did have a valid copyright claim, here he would still not be
able to exert it. Under federal law, copyrighted material may be used pursuant to the
Fair Use Doctrine (17 USC 107), which affords the re-use of protected material for
purposes such asnews reporting, among other things. The account in question
primarily publishes newsworthy material and the account holder is involved in the
dissemination of news reports by trade. Here, the material in question was used as
part of ongoing coverage into a news story of national interest and importance. At

the time of publication, the image Mr. Granucci purports as his own offered the
most-compelling and clearest view of what took place at the airshow in a way that
could not adequately be represented in any other form. In addition, the Fair Use
Doctrine provides for re-use of material depending on any number of factors,
including the effect of the use upon potential market for or value of the copyrighted
work. Here, the image is depicting a still frame from a WABC-TV broadcast of a
photograph after Mr. Granucci licensed and/or sold the photograph to them and
others. Thus, he was not substantially harmed commercially or otherwise by
the re-use of a still frame from a television broadcast in which Mr. Granucci holds no
copyright.

It is for those reasons that I assert Mr. Granuccis claim under the DMCA is invalid.
I swear under penalty of perjury that I have a good faith belief that the material was
removed or disabled as a result of mistake or misidentification or deliberate
misappropriation of federal law, in this case of the material to be removed or
disabled. I am asking that Twitter restore the material pursuant no later than 14
days from the receipt of this letter pursuant to the sites own policy, and that it
refrain from removing any additional material pursuant to Mr. Granuccis original
and unfounded DMCA claim.

Should Mr. Granucci wish to escalate this matter, I consent to the jurdisction of the
Federal District Court for the Eastern District of Northern California and I will
accept service of prcess from the person who provided notice to your company
under 17 USC 512(c)(1)(C) or an agent of such person.

Should you need to contact me, please reach out via the following address:



Matthew Keys


5377 Vaca Station Road #283


Elmira, California 95825-0283


(415) 857-2407


matthew@sactownmedia.com








Regards,







--xxx--







Matthew Keys







Twitter: @MatthewKeysLive