Conservative Cartoonist Donna Barstow threatens Kick!

Invoice attached for illegal use of my cartoon since Nov 23,
2009, http://rackjite.com/graphics/abortiontoon.jpg here:
http://rackjite.com/archives/4199-Bishop-Tobin-No-Communion-for-Pro-Choicers,-Dona-Barstow.html#comments

The first time I wrote you it
was a warning and takedown notice. Now it’s time to pay up. DMCA and reporting
to your server. (It’s illegal for any server to knowingly host stolen
intellectual property.)

Kind Regards,
Donna Barstow Cartoons [donnabarstow@sbcglobal.net]

Gosh 2 1/2 years ago!  Gee… You know I have been putting up political cartoons here for 15 years and not one cartoonist complained until this "Kindly Regarding" conservative snitch. But I removed the graphic this morning by Donna Barstow because it was a bad cartoon to begin with. :)

I have complied – even though I never received any previous complaint or any subsequent complaint from my ISP – but not a few other blogs she has tried to intimidate or shutdown have refused to capitulate and still contain her nasty bigoted crap. See them here: 

http://www.womanist-musings.com/2009/05/donna-barstow-racist-pearl-clutcher.html

http://www.amptoons.com/blog/2009/04/30/cartoonist-donna-barstow-attempts-to-shut-down-criticism-of-her-work/

http://www.amptoons.com/blog/2009/04/28/here-comes-another-post-about-mexico/

UPDATE: Net police Donna Barstow is still on her warpath emailing me threats. Today someone named Geri Mars joined in the campaign to say she owned the rather unflattering picture of Ms Barstow and I must remove it immediately. Here is the previous photo in question with much better resolution than before.

I have of course kindly complied with these kindly ladies and am now using a far more flattering photograph of Ms Barstow.

  • Newscat

    My Friend ‘Flicker’! I’d forgotten that TV horse tail, and it was a favorite of mine.

    Toyota is certainly a good example of a (truly) trade-marked company which has experienced seeing themselves as the butt of many jokes and much commentary.

    On the political side, I cannot think of a popular syndicated cartoonist who doesn’t welcome controversy and expect to be re-printed in the internet frontier. I suspect that our cartoonist in question would faint should anyone ever take the court threats seriously.

  • db

    Okay Lt.,

    I know nothing about FLICKER (assuming of course that you’re not talking about the black horse of our childhood) but assuming that the material there is not copyrighted, then how does Ms. Mars assert ownership of the photo used?

    I also don’t know much about copyright law, but it strikes me that there must be a “news” or “political debate” exemption or else Toyota would have had their name bleeped out of all the recall reports last year.

    Which leads me to suspect that you don’t have either the inclination or the money to fight her in court. I know which way I’d bet on that one.

  • Rack Jite

    Another point is that this is becoming NEWS, a debate over the bigotry of her Mexico and Obama cartoons. How can they be debated without showing them? The picture I removed was on FLICKER.

  • Rack Jite

    She’s not after a buck from a buckless blog like this. She is a busybody, a netcop, a typical conservative who can dish it out but believes it is against the law to have anyone dish it back.

    She is most concerned about her REPUTATION it seems. She is too obtuse to understand that every time she makes these threats hither and yon, her emails get forwarded to more and more people, her threats are published on blogs, Google picks them up and her name becomes linked to negative adjectives. Abd soon she too will become a “santorum”. :)

  • db

    This becomes more interesting.

    Where did you get the picture that Ms. mars asserts she owns? What evidence does she produce to establish that she owns the picture?

    I do believe in the ownership of intellectual property; but doesn’t one have to trademark or copyright the property before asserting ownership?

    • Newscat

      The whoosh of air I felt was the obvious passing me by once again. As usual, you nailed it db! One does have to trademark or copyright their work if they wish to be reimbursed for its use. OTOH…political cartoons are by nature controversial, and there is no such thing as bad publicity. Ms. Mars will have succeeded when it is her work – rather than her emails which are the topic of discussion.

      • db

        Ms. ‘Cat,

        We’ve got two separate issues here, the first the use of the cartoon, which I assume was copyrighted by the paper in which it appeared in 2008(?), the second the picture of Ms. Barstow allegedly owned by Ms. Mars.

        In each case the Lt. is in a much better position to describe where he got the pictures & the ownership thereof. The “fair use” doctrine & political commentary would also come into play were this ever to go to a court.

        But, I suspect, the Lt. is right that this is just an attempt to intimidate by threat of legal action.

  • db

    Your Employer?

    It’s one thing to use a song as part of an advertisement, particularly one for profit; it’s something entirely different to use a cartoon or picture in a political commentary of it.

  • db

    So she’s claiming that your (accurate) reporting of her demand to remove the (2 year old) drawing, is itself slanderous?

    • Rack Jite

      I must remove her picture, her email address and her email content OR ELSE she will call my employer! She seems a bit thick on these things, public figure.

      She is like the Viacom of Political cartoonists. Use ONE SECOND of a sound, a clip, a video of anything from VIACOM on YOUTUBE (comedy central, MTV, etc) and YOUTUBE will delete it and your account and everything in it without redress.

      I would guess a million political videos have been deleted by VIACOM/YOUTUBE over the past two years in which songs or sounds were used in the background. All mine were axed. The bass run of Limbaughs lead in by the Pretenders lost me my youtube account.

  • Rack Jite

    There’s more! Now she says I have to remove her picture, her email and the article that is slanderous! Her reputation is at stake! SO I just forward her email to everyone I can think of to help her with her precious REPUTATION. :) What a bitch…

  • db

    Congratulations (?)

  • Newscat

    Viewing the links, it appears that we are in very good company. ; ) Imagine – a ‘political cartoonist’ who can’t stand criticism. Horsey wouldn’t get up in the morning if he were as sensitive.