Thursday, October 3, 2013

My email to "SME" - 14 September 2013

To the proper officer,
Your email address has been provided to me by YouTube
According to YouTube, an entity known or referred to as "SME" claims to administer a sound recording used in a video I created.  The video is called "Star Wars - The Election Edition" and can be accessed at this URL "".  

Earlier this year, I lodged a formal dispute of a copyright claim made by "SME" in respect of my video and stated the basis of that dispute to be that the use of any sound recording in my video was for the purpose of parody and for the purpose of making satirical political comment in relation to the 2007 Australian Federal Election.  I further stated that, as such, any such use constituted fair use or fair dealing within the meaning of US, Australian or other similar copyrightlaws.

It appears that this dispute was rejected by "SME".  No reasons for the rejection of this dispute have been given by "SME".  
If you are aware, would you please indicate the precise legal entity that is designated by "SME" and, whether or not it is the same, the precise legal entity that has rejected my dispute of its copyright claim.  If, as I understand to be the case from YouTube, you represent that entity, would you please state the reasons of "SME" for rejecting my dispute and for maintaining a claim of infringement of copyright in respect of my video.
In the absence of any such explanation, I fail to understand what reasonable basis "SME" can have for claiming that my video infringes any copyright.  I request that "SME" release any claim in respect of my video immediately and confirm that it will not make such claims in respect of the video in the future.  
I apologise to you in advance if you are not the correct person to contact in relation to this matter.  If you are not the correct person, would you please provide me with the contact details of the correct person if they are known to you.

I look forward to your response and I request that you respond within seven days.
Kind regards
Hugh Murray Atkin
** ******** Road
Erskineville   NSW   2110

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