By Brian J. Pedersen
arizona daily star
Tucson, Arizona | Published: 02.18.2009
http://www.azstarnet.com/metro/280683.php
The Arizona Daily Star has filed a civil suit against the members of a
local punk-rock band that used a photograph of slain Tucson police
Officer Erik Hite on its album cover.

The complaint, filed Monday in U.S. District Court, says Awful Truth
committed copyright infringement when it used the photo for its album
titled "Kill a Cop for God."

The photo, taken by Star photographer James S. Wood, shows officers
giving medical attention to Hite, who had been shot in the head on June
1, 2008, during a crosstown chase and shooting spree.

"This is an image that is obviously . . . very sensitive to our
community," Star Managing Editor Teri Hayt said. "A police officer
killed in our community - it doesn't get more serious than that."

Hite, 43, died on June 2. The man accused of shooting Hite, 26-year-old
David "Nick" Delich, is scheduled to go to trial in January 2010.
Awful Truth lead singer David Stine, 30, said Tuesday that he had not
seen the complaint, but he didn't think there was anything wrong with
using the photo to promote the band's album.

"They used it in the newspaper," Stine said. "I figured once you see
something in the newspaper . . . I didn't think they were trying to keep
it for themselves."

Photos taken by the Star are protected by copyright laws, Hayt said, and
therefore they cannot be reproduced without permission.

"We would have never given permission to use this image," Hayt said.
"This band took this image and is using it to promote and sell their
content. They have violated a copyright here."
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