Yesterday we posted what appears to be unretouched photos of Jennifer Aniston looking tan and freckle-faced — that is, before the Photoshoppers got to her. This did not go over well with the folks whose watermark was on that image.


Yesterday evening — and then again this afternoon — we received a cease-and-desist notice. Oh, the lengths agencies will go to protect an A-list visage! And oh, the lengths we'll go to in order to make sure you see the real thing.


—————

from: Graham Palme

to: tips@jezebel.com

cc: Joan Cargill

date: Fri, Aug 20, 2010 at 12:24 PM

subject: Jennifer Aniston Images - CEASE AND DESIST

G/O Media may get a commission Subscribe and Get Your First Bag Free Promo Code AtlasCoffeeDay20

To whom it may concern:

Jennifer Aniston Images - Cease and Desist

Copyright Infringement – Jennifer Aniston by Alexi Lubomirski


Link: http://jezebel.com/5616954/jennifer-aniston-without-photoshop-freckled/gallery/



It has been brought to our attention that the linked copyrighted images of Jennifer Aniston are illegally posted on your website. From our records fees were not negotiated for usage.



THE IMAGES WERE DOCTORED AND COMPARED TO THE ORIGINALS.

We demand they be taken down immediately because of the unauthorized use.

Please forward the company or individual's name so they can be contacted.

We need your response in writing and please be aware there might be additional action. Please provide information on how the images were obtained.


Alexi Lubomirski owns the copyrights of ALL of his material and has been notified of this exchange.

Regards,

Joan

Joan Cargill

Management + Artists + Organization

www.maosyndication.com

—————

from: Jessica Coen

to: Graham Palme

cc: Gaby Darbyshire

date: Fri, Aug 20, 2010 at 1:04 PM

subject: Re: Jennifer Aniston Images - CEASE AND DESIST


Hello Graham,

Apologies for the delayed response, but I wanted to update the post before I got back to you. CCd here is our chief counsel, Gaby Darbyshire.


I've since removed the multiple images and selected a single, small image for comparison with the published cover from Madison magazine.

One of Jezebel's most significant areas of interest is the Photoshopping of women who appear in magazines, catalogs, or in any other publication. It's an important factor that shapes the beauty standard, and it affects how women view themselves, for better or worse. As such, the peg of the post is how Jennifer Aniston looks pre-Photoshop, and I think you can agree that a small image falls under fair use since the existence of these images is indeed news. It's the peg of the item.


That said, if these images are indeed doctored, I'd like to hear more about that, as it would absolutely be a relevant aspect to the story that we'd be interested in pursuing.

Best,

Jessica

—————

from: Joan Cargill

to: Jessica Coen

cc: Graham Palme, Gaby Darbyshire, emily ullrich

date: Fri, Aug 20, 2010 at 1:25 PM

subject: Re: Jennifer Aniston Images - CEASE AND DESIST


Hello Jessica,

I have read the below response and you may not realize the following. New York Magazine's legal counsel advised them immediately to take the images down as they were UNPUBLISHED, not asked by Alexi for his permission AND they were doctored from the quality of files from our server from the shoot. So New York Magazine online removed them immediately. They were not snapped by paparazzi on the beach during the shoot, nor were they provided to any source to be published. How can you call it news if you can not prove its validity? I do not know how far you would like to take it... I do not think this is worth it.


You can not compare it to MADISON magazine unless MADISON provided you with the pre-photoshopped material. If they are your source let us know.

IF you want to provide your server, and additional source information, authenticity to show how they were obtained fine. If you want to go the legal route and prove this captured how she looked pre-photoshop fine. State it in writing that these images are factual and you are taking responsibility for vowing for them as such.


Alexi's Studio has been copied on this email and everyone is waiting to hear your decision.

Best,

Joan

—————

from: Gaby Darbyshire

to: Joan Cargill

cc: Jessica Coen, Graham Palme, emily ullrich

date: Fri, Aug 20, 2010 at 1:51 PM

subject: Re: Jennifer Aniston Images - CEASE AND DESIST


Joan,

We are using one tiny cropped image and the image *is* the story here. I maintain that this is fair use, and as such we are entitled to use the image.


Best regards,

Gaby Darbyshire

Sent from my iPad

—————

from: Joan Cargill

to: Gaby Darbyshire

cc: Jessica Coen, Graham Palme, emily ullrich

date: Fri, Aug 20, 2010 at 2:01 PM

subject: Re: Jennifer Aniston Images - CEASE AND DESIST


Hello Gaby,

I was asked to have you email the image you are going to use as the story which will legally state you are taking responsibility for the image being authentic as a pre-photoshopped image. What is the name of your firm and contact details address and phone, fax please?


Best

Joan

—————

from: Nick Denton

to: Gaby Darbyshire , Jessica Coen

date: Fri, Aug 20, 2010 at 2:13 PM

subject: Re: Jennifer Aniston Images - CEASE AND DESIST


This one I want to fight. Simply because they claim that the comparison photo was doctored, doesn't mean they can shut down discussion of this issue. It's incumbent on them to underpin their claim.

Let's publish their letter.

Nick Denton