Attorneys for the Arkansas Democrat-Gazette have sent a cease-and-desist order to the host and creator of Crime Junkie, a popular podcast that in March published an episode about the 2003 murder of Greenbrier teen Kacie Woody.
On Aug. 15, former Democrat-Gazette reporter Cathy Frye complained on the podcast's Facebook page that the hosts had used her copyrighted series of articles to tell the story of the 2002 cyberstalking murder case, with passages suspiciously close to Frye's original narrative.
The post was viewed widely, prompting the Democrat-Gazette, Buzzfeed News, The New York Times, Variety and Vulture to cover the story. For days, there was no immediate response from the show's host and creator, Ashley Flowers, who is also the registered agent for the podcast's production company, Audio Chuck LLC, and to whom the cease-and-desist letter was sent Thursday.
Flowers released a statement to Variety on Aug. 16 saying the Woody episode and several others had been pulled from the podcast's main feed "when their source material could no longer be found or properly cited."
On Aug. 19, Frye discovered that Crime Junkie had returned the Woody episode to its lineup, but with episode notes that include links to credits, including one for Frye and the Democrat-Gazette.
That did not satisfy Frye or attorneys for the newspaper.
The letter, sent by certified mail Thursday, says in part "This correspondence is to protest your unauthorized use and broadcast of ADG's copyrighted series, Caught in the Web, originally reported and authored by Cathy Frye. ADG owns all the rights, title, and interest in and to its copyrights, including but not limited to the copyrights to the archival stories and photographs published in its daily print publication or through its digital properties."
It goes on to say "it has come to our attention that on March 25, 2019, you unlawfully published the episode "Murdered: Kacie Woody" on your Crime Junkie podcast. ... Your unauthorized use of the Copyright constitutes copyright infringement under the Copyright Act of 1976 and unfair competition under the Lanham Act."
The letter asks the podcast's producers to either edit it to "fully and unequivocally credit ADG's Copyright and Cathy Frye's reporting at the beginning of the Podcast; or Remove the Podcast from your website and any other sources from which it can be accessed."
The podcasters have until Sept. 12 to respond, the letter states. "If you decline, or fail to take action, ADG may take further action including but not limited to filing a lawsuit for injunctive relief and monetary damages."
Metro on 08/30/2019