Takedown Notices Hit Luigi Mangione Merchandise and Photos - Including DMCAs

Newsweek supplies some context
After his arrest, merch — including T-shirts featuring Mangione's booking photos and others taken from his social media accounts — began popping up for sale on several sites. Websites, including Amazon, eBay and Etsy, have moved to take down products that glorify violence or the suspect. An eBay spokesperson told Newsweek that 'items that glorify or incite violence, including those that celebrate the recent murder of UHC CEO Brian Thompson, are prohibited.'

Inc. magazine adds:

Separately, GoFundMe has shuttered several fundraising campaigns created for Mangione. The fundraising site's terms and conditions are pretty clear on the matter, NBC News reports, with a company spokesperson explaining they prohibit 'fundraisers for the legal defense of violent crimes.'


But one incident was different, according to a post from the law school of the University of British Columbia:

To provide a quick summary, Rachel Kenaston, an artist selling merch on TeePublic received an e-mail from the platform regarding intellectual property claim by UnitedHealth Group Inc and decided to remove Kenaston's design from the merch store. Obviously, it is important to point out that it isn't quite clear who is filing those DMCA claims. While TeePublic, in the email, claimed that they have no say in the matter, [an article from 404 Media] goes on to explain that TeePublic has the right to refuse DMCA claims, but often choose not to in order to avoid headache. The design had nothing to do with UnitedHealthcare-it seems to be a picture of the Mangione in a heart frame. Meaning, whether it was UnitedHealthcare or not, the claim shouldn't hold any weight.

Consensus seems to be mostly leaning towards speculation that it is unlikely to be UnitedHealthcare actually filing those DMCA claims, but rather potential competitors... Regardless of whether or not it really was UnitedHealthcare that filed DMCA claims, I think the important point here is that the merch actually did get taken down. In fact, this would be more problematic if it was from a competitor using DMCA as a form of removing competition, because, then it really has nothing to do with intellectual property. I would assume that this happens quite frequently. Especially for YouTubers, it seems that copyright strikes are more than a mere pesky occurrence, but for many, something that affects livelihood...

The difficult part, as always, is finding the balance between protecting the rights of the copyright holders and ensuring that the mechanisms doesn't get abused.

The artist told Gizmodo she was filing a counterclaim to the copyright notice, adding that instead of a DMCA, 'I honestly expected the design to be pulled for condoning violence or something...'
Gizmodo published the image — a watercolored rendition of a hostel surveillance-camera photo released by police — adding 'UnitedHealth Group didn't respond to questions emailed on Monday [December 16] about how the company could possibly claim a copyright violation had occurred.' And while Gizmodo promised they'd update the post if UnitedHealth responded — there has been no update since...

404 Media adds that the watercolor 'is not the only United Healthcare or Luigi Mangione-themed artwork on the internet that has been hit with bogus DMCA takedowns in recent days. Several platforms publish the DMCA takedown requests they get on the Lumen Database, which is a repository of DMCA takedowns.'
On December 7, someone named Samantha Montoya filed a DMCA takedown with Google that targeted eight websites selling 'Deny, Defend, Depose' merch that uses elements of the United Healthcare logo... Medium, one of the targeted websites, has deleted the page that the merch was hosted on...

Over the weekend, a lawyer demanded that independent journalist Marisa Kabas take down an image of Luigi Mangione and his family that she posted to Bluesky, which was originally posted on the campaign website of Maryland assemblymember Nino Mangione. The lawyer, Desiree Moore, said she was 'acting on behalf of our client, the Doe Family,' and claimed that 'the use of this photograph is not authorized by the copyright owner and is not otherwise permitted by law...' In a follow-up email to Kabas, Moore said 'the owner of the photograph has not authorized anyone to publish, disseminate, or otherwise use the photograph for any purpose, and the photograph has been removed from various digital platforms as a result,' which suggests that other websites have also been threatened with takedown requests. Moore also said that her 'client seeks to remain anonymous' and that 'the photograph is hardly newsworthy.'
404 Media believes the takedown request 'shows that the Mangione family or someone associated with it is using the prospect of a copyright lawsuit to threaten journalists for reporting on one of the most important stories of the year...'

UPDATE: Long-time Slashdot reader destinyland notes there's an interesting precedent from 2007:

[D]eep within the DMCA law is a counter-provision — 512(f), which states that misrepresenting yourself as a copyright owner has consequences. Any damage caused by harmful misrepresentation must be reimbursed. In 2004 the Electronic Frontier Foundation won a six-figure award from Diebold Election Systems, who had claimed a 'copyright' on embarrassing internal memos which were published online.

Read more of this story at Slashdot.