January 02, 2005
To: iPod Subway Maps Submissions
Subject: ipodsubwaymaps fedback: Unauthorized reproduction of BART website content
Date: 9/21/05: 1:57 PM
San Francisco Bay Area Rapid Transit District
300 Lakeside Drive, 18th Floor
Oakland, CA 94612-3534
September 21, 2005
William Bright
IPODSUBWAYMAPS.COM
VIA: Email form at http://ipodsubwaymaps.com/contact.php
VIA: US Postal Mail
Re: Unauthorized reproduction of BART website content, copyright and trademark infringement
Dear Mr. Bright:
I am the Website Manager for the San Francisco Bay Area Rapid Transit District (BART). It has recently come to BART\’s attention that a website you operate at http://www.ipodsubwaymaps.com/ includes a copy of the BART System Map in various presentations.
There is a widespread belief that materials published by public agencies such as BART are in the public domain. This belief is incorrect. It is illegal to copy images from the BART website without permission. The BART website, www.bart.gov, including the BART Logo, the BART System Map and other BART Intellectual Property is protected against unauthorized copying under federal copyright and trademark laws, 17 U.S.C. ß 100 et seq. (copyright); and/or 15 U.S.C. ß 1115 et seq. (trademark and unfair competition).
It is BART\’s policy not to allow the copying of BART content on third party websites. Please see our copyright policy at www.bart.gov/siteInfo/copyright.asp. BART is concerned that the unauthorized copying of content from the BART website will mislead consumers by providing inaccurate information with the implication that it is official BART information. In fact, the BART System Map on your website is out of date.
In keeping with this policy, we demand that you remove any and all images containing the BART System Map, in whole or in part, from http://www.ipodsubwaymaps.com/. This includes images within http://www.ipodsubwaymaps.com/maps/sanfrancisco/sanfrancisco.zip, at http://www.ipodsubwaymaps.com/maps/sanfrancisco/SanFran01.jpg at http://www.ipodsubwaymaps.com/maps/sanfrancisco/breakdown.jpg and any other BART website content that may appear on your site.
We understand that your misuse of BART\’s Intellectual Property may not have been intentional infringement. We trust that we can depend upon your good faith cooperation and prompt compliance with this request. Please contact me within the next two weeks to confirm that you have done so.
Thank you,
BART Website Manager
cc: BART Office of the General Counsel
January 01, 2005
To: iPod Subway Maps Submissions
Subject: ipodsubwaymaps fedback: your unauthorized use and coying [SIC] of NYC subway map
Date: 9/14/05: 12:52 PM
We have no record of you having a license to include MTA’s copyrighted New York City subway map on your website, or for you to authorize others to download a copy of the subway map.
You must cease and desist immediately. Take the NYC subway map off your webiste and confirm to me by email that you will not do this again. If you disagree with any of the above or otherwise wish to discuss this further, call or email me. Thank you
Senior Associate counsel
Metropolitan Transportation Authority
347 Madison Avenue
New York, NY 10017
Agencies would do well to find ways to work with folks with good ideas instead of just turning loose the lawyers.
Might the MTA have overreacted and in doing so deprived commuters of something useful?
The man's trying to do good in the world.