Mr. Sandy Gordon
The University of Alabama
Office of Counsel
Box 870106
Tuscaloosa, AL 35487-0106
Dear Sandy:
Pursuant to our phone conversation last week, I am sending you this letter of complaint against The University of Alabama. It is my contention that the University is in violation of Federal Copyright Law, among other infractions. Specifically, the University ordered and approved the copying of pages and the altering of my artwork from my web site, http://www.newlifeart.com . In an unfair usage and without permission, those pages were utilized in conducting a survey—which was (and is) adverse to the commercial endeavors of my company.
The survey was being conducted by "Issues and Answers," located in Virginia. My phone call to them confirmed that the survey was ordered by the University. Interestingly enough, the web site, http://www.surveyinfo.net/home , used by this company in conjunction with a survey by telephone, was pulled off of the Internet the day after my phone inquiry. I can only view this action as being consistent with someone caught in a questionable (at best) endeavor. For your perusal, I have enclosed two of the numerous pages that were illigitimately used in the survey as well as a detailed listing of the alterations that were made to our site and to my paintings.
After interviewing one of my collectors, who participated in the survey, it is clear that the nature of the survey itself not only called into question my good name and reputation but also the legitimacy of the art prints themselves. Furthermore, this collector is willing to assist us further, should the need arise.
As you know, all of this stems from the University's frivolous and unfounded notion that I should pay it royalties on any of my artwork that contains crimson and white uniforms—insisting that the uniforms somehow achieve legal trademark status. Even if the uniforms were registered "trademarks," Judge Patricia Gaughan (6th District) ruled in the "Tiger Woods vs. Rick Rush" decision that artwork is "protected speech" and that the showing of trademarks in artwork is a "fair use" of those marks. Her ruling was upheld on appeal.
Because of its position contrary to "free speech," the University is barring me from advertising in the media that it controls. I believe that this, in itself, constitutes a tortious interference with a business relationship.
Regretfully, The University of Alabama—my alma mater—has stood on the wrong side of Constitutional Rights in the past, and does so once again in these matters. Because I love my University, I have been very patient and longsuffering with it. However, my several discussions with you and Finus Gaston, along with two letters to Dr. Witt (the first one dated July 1, 2003), have all met to no avail. There remains but a short period of time for the University to take the small step necessary to align its policies with the Constitution of the United States.
Sandy—just so you are clear as to my intentions—if I do not receive response to these complaints and a summary of your advisement to the University from you by September 17, 2004, I will take these issues to the Board of Trustees. If the Board does not promptly bring the University into conformity (quietly), then I believe that the courts will (and that, being not so quietly).
As I have yet to find it necessary to enlist the services of legal counsel, you can respond to me directly at the address below or call me at 205-979-5088. Thank you.
Sincerely,
Daniel A. Moore, President
New Life Art, Inc.
Cc: Dr. Robert E. Witt
