Redwatch.org
Redwatch.org.uk
Redwatch.net
(together "the Domain Names")

We act for the well-known musician Billy Bragg and have been instructed to write to you in connection with the Domain Names and the content of the web sites to which they resolve in your capacity as registrant of redwatch.org.uk and redwatch.net. Given that redwatch.org is registered to "Billy Blagg", which is clearly an invented name based on our client's identity, but that the contact details are the same and the domain name resolves to the same web site as the other two Domain Names, we are also writing to you in respect of that domain name.

It has come to our client's attention that the web sites to which redwatch.org, redwatch.org.uk, redwatch.net and drypooLco.uk resolve ("the Redwatch Sites") contain a link to a page called "The Billy Bragg Retard's Gallery", which is a doctored version of the arrangement of photographs published on the Billy Bragg fan site at www.uq.net.au/-zzgjwils/rresting/ with the name "Rogues' Gallery", together with some photographs which have been published on the official Billy Bragg web sites at www.billybragg.com and www.billybragg.co.uk ("the Official Sites").

In addition, the Redwatch Sites contain a link to a 'Guestbook' which links to various pages at www.drypooLcom which in turn contain deep links to the Billy Bragg guestbook pages of the Official Sites.

Our client is the owner of all intellectual property rights in the Official Sites and in the arrangement of the Rogues' Gallery. He is also the owner of the underlying copyright in a significant number of the photographs contained in the Rogues' Gallery. In addition, our client is the owner of the underlying copyright in the photographs which are or have been published on the Official Sites and which are included in the Retard's Gallery. The Official Sites carry copyright notices putting users on notice of the ownership of their content. A schedule of all the photographs which are contained in the Retard's Gallery in respect of which our client is the copyright owner is attached for your reference. The photographs are identified in the schedule by the captions which have been used by you in the Retard's Gallery.

Your copying, adaptation and use on the Redwatch Sites without our client's consent of a link to the Official Sites, the Rogues' Gallery and the photographs which have been published on the Official
. Sites constitute an infringement of our client's copyright and other intellectual property rights, including our client's database right, in the Official Sites, the Rogues' Gallery and the photographs contained in it, under section 17 of the Copyright Designs and Patents Act 1988 (lithe CDPA"). Our client is therefore entitled to commence legal proceedings against you' to apply for an injunction requiring you to cease any further exploitation of his copyright work or other intellectual property and to remove all links to the Official Sites and references to our client or his copyright work or other intellectual property or fans from the Redwatch Sites. Furthermore our client is entitled to pursue damages in respect of your infringement of his copyright. Our client reserves his right to claim damages under section 97(2) of the CDPA due to the flagrancy of your infringement.

In addition, your publication of the Retard's Gallery on the Redwatch Sites is in breach of the Data Protection Act 1998 (lithe DPA"). Section 2(b) of the DPA states that personal data containing information relating to political beliefs is sensitive personal data. Under section 1 of Schedule 3 of the DPA, individuals must give data controllers explicit consent to the processing of sensitive personal data. The case of Naomi Campbell v Mirror Group Newspapers [2002J EWCA Civ 1373 confirmed that photographs and captions can constitute sensitive personal data. This point has been upheld by the Court of Appeal. By publishing photographs of individuals on the Redwatch Sites without their consent together with commentary as to their political beliefs, you are unlawfully processing the sensitive personal data of those individuals. We have carried out a search of the Register of Data Controllers and note that you have not notified the Information Commissioner that you are processing personal data. We therefore reserve our client's right to bring the Redwatch Sites to the attention of the Information Commissioner.

Furthermore, the caption at the head of the Retard's Gallery stating "Everyone listed here is a guaranteed red retard!" is offensive and possibly defamatory. We do not accept the attempt to disclaim responsibility for offensive material by way of the statement at the front of the Redwatch Sites, and reserve all of our client's rights to take appropriate action in respect of the statement.

Our client reserves its right to contact the relevant Internet Service Providers and Domain Name Registries in respect of your infringement of our client's intellectual property rights, and also the other elements of the Redwatch Sites which whilst they do not specifically refer to our client or his fans, are clearly unlawful.

In the circumstances we must request that you undertake to do the following:

1. immediately remove all links to the Official Sites from the Redwatch Sites and refrain in the future from including, or allowing to be included, any link to the Official Sites from the Redwatch Sites, any web site to which any of the Domain Names resolve, or any other web site within your possession or control at any time;

2. immediately cease any and all use of the Rogues' Gallery and any photographs which have been or are published on the Official Sites at www.billybragg.com and www.billybragg.co.uk or any adaptation thereof;

3. deliver up all hard copies of the Rogues' Gallery, the Retard's Gallery or any other photographs which are the copyright work of our client;

4. destroy all electronic versions of the Rogues' Gallery, the Retard's Gallery or any other photographs which are the copyright work of our client within your possession or control;

5. remove all references to or photographs of, our client or his fans from the Redwatch Sites and any other publication whether electronic or otherwise within your possession or control; and

6. within 21 days of the date of this letter, provide this firm with a declaration on oath that the requirements in 1 to 5 above have been complied with.

Unless we receive a signed version of the enclosed copy of this letter by way of your acceptance to comply with the undertakings set out above by 5pm on Wednesday 14 May 2003, our client will have no option but to consider commencing legal proceedings against you in the High Court. Such proceedings may include claims for injunctive relief, delivery up of infringing items and reimbursement of legal expenses.

If you are in any doubt as to the seriousness of this matter, we suggest that you refer this letter to your solicitors immediately.

Yours faithfully