Founder, President and Chief Executive Officer
Dear Care2 Staff Members:
I hope that this message finds you in good
spirits and health. Your message regarding the copyrighted
photographs and their display on my petitionsite is very important
to me, and I would like to respond to it.
First of all and before removing any of the photos in question,
I would need to know who my accusers are and what particular
photographs they are referring to.
Before we take these accusations seriously, their identities
need to be established. I am referring to verifiable names
and addresses and a formal statement that they actually hold
copyrights over the images. This proviso should not pose any
problems for those who are legitimately contesting this matter.
Please take note that the copy of the complaint I received
was not signed by anyone. Have they provided you with their
proper names and addresses? Largely due to the publication
of my petition, I have become the object of abusive and personally
threatening comments, many of which I have already deleted.
The petition has kindled a sense of outrage among Filipinos,
citizens who became aware that their natural treasures are
being trashed by a few unscrupulous people. So, it is not
surprising that someone has attempted to derail my efforts
at conservation by having you take down the very photographs
that portray their dirty deeds.
Against this backdrop, you can see the importance of verifying
the complaint. I would like to know if the accusers have provided
you with documentation that their photographs have a copyright,
or any disclaimer against unauthorized use. I shall retain
the photographs until the issue of ownership and copyright
has been clarified.
With regard to my having "stolen" the photographs
and infringing on their intellectual copyright, according
to Philippine Law, and I would like to quote for your information,
Section 176 of Republic of the Philippines Act No. 8293, otherwise
known as the Intellectual Property Code of the Philippines,
” Sec. 184 (i) of the Intellectual Property Code: The
following acts shall not constitute infringement:
-the public performance or the communicating to the public
of a work, in a place where no admission fee is charged in
respect of such public performance or communication, by a
club or institution for charitable or educational purpose
only, whose aim is not profit-making, subject to such other
limitations as may be provided by regulations.
- The fair use of a copyrighted work for criticism, comment,
news reporting, teaching including multiple copies for classroom
use, scholarship, research and similar purposes is NOT an
infringement of copyright. “
It is clear that my intentions were, and still are, meant
to educate the public on the illegal killing and possession
of IUCN red-listed species and wildlife by means of criticism
and comment through a medium wherein I am unable to enrich
myself in monetary terms. I believe this exempts me from said
infringement on their so-called Intellectual Copyright.
Furthermore, the mere possession of wildlife, as portrayed
in the photographs in question, is a crime according to Philippine
Law as provided by Section 8 of Republic Act 9147,AN ACT PROVIDING
FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
where it is stated:
“ Section 8. Possession of Wildlife. No person or entity
shall be allowed possession of wildlife unless such person
or entity can prove financial and technical capability and
facility to maintain said wildlife: Provided, That the source
was not obtained in violation of this Act. “
This means that the so called "sports" hunters---people
who are most probably behind the complaint you have in hand---
have already committed a crime by merely possessing the Philippine
Ducks which is clear as daylight in the photographs involved.
That is why some people are so gung-ho at taking them off
the web even to the point of, ironically and self-incriminatingly,
claiming that they hold the copyright.
More about editing than an admission of guilt, I edited out
the photos of certain individuals involved because I wanted
to move away from personalities and focus more on the issue
of "sports" hunting, a pastime that is totally and
completely illegal in the Philippines.
In the numerous links that appear on my petition, you will
see that some of the hunters in question have openly admitted
to the media that they indeed killed the protected wildlife
since they considered them "pests". Also the many
television stations, newspapers and blogs that have covered
this issue have used the exact same photographs that I have
used in my petition
The media here is very careful and would not have used photos
if they believed they would have a potential lawsuit on their
hands by infringing on intellectual copyrights. All in all
it is I believe a smear campaign orchestrated to by the opposing
party to discredit me.
Below I have added some of the many links for you to browse
that have covered the issue and the petition including the
WWF (World Wildlife Fund) and the Philippine Daily Inquirer
(the Philippines' biggest selling newspaper) which also used
photographs taken from my petition page that have been edited
Please bear in mind that this complaint is merely a form of
harassment made through the kindness of your services. You
should not allow the guilty to manipulate you through vague
or spurious claims of copyright infringement. The wide media
coverage in the Philippines regarding this hunting issue,
particularly this petition, means that Care2 has helped make
a great impact in the Philippine society and contributed SIGNIFICANTLY
to an increase of general awareness about the illegality of
hunting in the Philippines.
For this, I cannot thank you enough! Please do not let yourself
be railroaded by these people whose practices I will continue
to criticize in the strongest of terms.
Josef M. Sagemuller
Link to the World Wildlife Funds Newsroom
reporting about the Slaughter of the Birds on Negros island
and this petition:
Kindly check this full page article from the Philippine Daily
Link to a segment of Kapuso Mo, Jessica Soho a top-rated
newsmagazine show of GMA7 shown in the Philippines(that features
the same photos that were posted on this petitionsite):