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Author Topic: Copyright Services International is back again  (Read 8328 times)

Matthew Chan

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Copyright Services International is back again
« on: October 18, 2012, 11:02:41 PM »
I was contacted by an emailed extortion letter recipient to get some of my insights. I had a lot to give, that is for sure.

Apparently, Copyright Services International is sending out "retroactive license" emails entirely bypassing the traditional hard-copy letterhead, envelope, and postage demanding a settlement.  It is stunning to me that anyone would engage Copyright Services International just because of an email. Nevertheless, it is happening.  And it seems to happen to the people who are the LEAST knowledgeable about legal protocol.

The latest "employee" of Copyright Services International signs her name:
Quote
Megan Rodgers
Account Director
Copyright Services International llc
340 S. Lemon Ave. #2204
Walnut, California 91789
United States
p 747.333.6615
f 866.842.4037

“This communication contains information that may be confidential or protected by copyright. Except for personal use by the intended recipient or as expressly authorized by the sender, any person who receives this information is prohibited from disclosing, copying, distributing and/or using it. If you have received this communication in error, please immediately delete it and all copies, and promptly notify the sender. Nothing in this communication is intended to operate as an electronic signature under applicable law.â€

The email address listed is:  <megan@copyrightservicesinternational.com>

Can we all try not to laugh too hard at the stupid legal disclaimer at the bottom?  LOL.  It looks like I have violated all kinds of rules by sharing this email signature and disclaimer.

The actual "extortion" letter is among the "gentlest" I have every seen. Nevertheless, it is ALWAYS about the money.  In all fairness, it doesn't legally threaten anyone and it doesn't claim a settlement.  It is about paying for a "retroactive license".

I want everyone to notice how this "transaction" will occur electronically through Paypal. An electronic invoice via Paypal will be sent. Presumably, payment is expected via Paypal.

Let me also say that the what Copyright Services International is asking is $250/image. That is probably the lowest "settlement offer" I have ever seen.  However, it is being masked by the term "retroactive license".

In all fairness, the $250 per image is in the realm of "reasonableness". It looks like Glen Carner has learned some valuable lessons here by taking a more "gentle", non-threatening approach using dollar amounts that are not in the stratosphere.

Quote
I am reaching out to you from Copyright Services International LLC on behalf of the photograghers Dennis Flaherty and Willard Clay.  As I mentioned on the phone, we have found a photo of Mr. Flaherty's on the XXXXXX section of XXXXXX that does not appear to have the proper licensing.   We have also found a photo of Mr. Clay's on XXXXXXX that does not appear to have the proper licensing.

The specific image for Mr. Flaherty that I am referring to is "DF-VA0001791662-AR0106" (#VA0001791662)" and is the seen on http:XXXXX

The specific image for Mr. Clay that I am referring to is "WC-1-750393536-50DC-135" (#VA0001810778)" and is the seen on http://XXXXXXX.  To help clarify, the image URL is : http://XXXXXXXX   

The photos looks great on the sites; however please understand that it is our responsibility to protect the rights of the photographers, and as such we are obligated to ensure they are compensated for their professional work. I'd like to emphasize that we would like to resolve this concern in an amicable fashion. Accordingly, we are offering an opportunity to retroactively license these images and provide release to XXXXXXX and its officers from all claims related to the above stated images.

Our standard fee for the retroactive licensing of these images as used on the above mentioned websites is $1255.  This represents the market value of these images that would be due if they had been licensed from the date of  first use, without any fees or penalty.

Simply removing the images will not provide release and only though retroactive licensing can release be given. The retroactive licensing agreement does not provide for future use, however we do offer future use licensing at fair market rates should you be interested.

In support of the validity of our concern, I have attached the registration and an affadvit from the photographer Dennis Flaherty as well as the registration from the photographer Willard Clay.

Please contact me as soon as possible to resolve this concern. We will provide an invoice (via Pay Pal) and signed release agreement for your documentation.

Sincerely,

Megan Rodgers
Account Director
Copyright Services International llc
340 S. Lemon Ave. #2204
Walnut, California  91789
United States
p 747.333.6615
f 866.842.4037

Once again, the "wallpaper trap" ensnares yet another victim.  This time around the wallpaper images were found in a Usenet group.  The misspelling of "personnal" is directly from Megan's email.  She needs a spell-checker.

Quote
Thank you for your quick response.   There are websites that legally allow free use of images as personnal computer wallpaper but not for commercial use. It is usually stated in the fine print somewhere on the website. While there would be no charge for personnal use, there would be if the image was used on a business website. Since this image was used on your business website, there is a license fee.
 
Again, I appreciate your swift investigation of this and I look forward to settling this matter amicably.

Other interesting quotes from the email chain sent to me are:

Quote
We sincerely appreciate your prompt removal of the images and for your desire to come to an amicable resolution.
 
As I have previously mentioned, we are here to protect the photographers' rights and by law a photographer does not have to have an identifying feature.  I can understand your frustration with this and I would like to invite you to look at our FAQ page which should help answer questions you might have or possibly will have.  The page is http://copyrightservicesinternational.com/did-csi-contact-you.htm .
 
I also understand that this is your hobby and it looks like you are providing a valuable service.  In the spirit of coming to a fair and amicable resolution, I can offer you a 20% discount, which would make your fee $1,004.  This can be paid in 3 - 5 equal monthly interest free installments.  Once final payment has been received, we will provide full release from any claims related to the past use of the image.
 

How convenient that the artists' email addresses won't be given out. No worries. The ELI Community can find their contact information through Google.

Quote
We can send you an invoice from Paypal and once your final payment has been received, we will send you a release agreement signed by each photographer.  It is an official document with their signatures naming you as having paid the retroactive license fee.  It does not prohibit you from purchasing future licensing of any artist's work.  Also please keep in mind that the $750 retroactive fee, once paid, frees you from previous use of these images, but does not allow for future use of said images.   
If you would like to write to the artists I can forward your email to each one, however, unfortunately I can not give out their email addresses.  I will also be sure to pass on to my supervisor what you told me about Usenet News Groups.
 
If you have any other questions, please let me know.  Again, this is our final offer to come to an amicable resolution.  The $750 fee can be paid in two equal monthlly installments, if that is easier for you. 

Lynne Hubsch still works for Copyright Services International presumably under Glen Carner.  She gets to be "the manager" that Megan runs to like a used car salesman that does a bogus run to get a "manager's approval".  Please note that they don't want the photographers involved. I am sure it can't be that difficult to find photographers Dennis Flaherty and Willard Clay on Google. Someone want to find their contact information and post it here since Megan, Lynne, and Glen won't voluntarily do it?  :)

Quote
I am happy that we are able to come to a resolution.  Sometime this afternoon you will be receiving an email from Lynne Hubsch with the copies of the releases.  This will come via PayPal and it should address your three requests.  Each copy of the release also states the terms of this contract.  This is a promise from my firm stating that we will provide you with full release once payment is received.  I have spoken with Lynne about setting up the payment schedule so that with each $250 you pay you will receive a retroactive license.  The retroactive license is sent via email and is valid.  I understand your concern and if you would still prefer, we can send you a notarized copy of each release.
 
I have spoken with my supervisor about you emailing the photographers.  He stated that photographers don't usually get involved with these matters, which is why we are hired.  We can pass along your apologies and your email address but please understand if they choose not to contact you.
 
Thank you.  Please let me know if there are any other questions.
 
Megan Rodgers


This piece of text was attached to the Paypal invoice sent by Copyright Services International LLC. 

Quote
Note from Copyright Services International LLC

Photographer warrants that they are the rightful copyright owner of image, and have not assigned any rights of ownership of the image indicated herein to anyone. Photographer understands and agrees that this release is not to be considered an admission of liability and/or fault by any party. This agreement merely reflects an amicable resolution of a claim. This release is not effective unless until payment constituting the entire license fee (line item above) is paid in accord with terms herein.
_____________________________ Photographer
____________________________ Date Signed


The Paypal email address is: paypal@copyrightservicesinternational.com for anyone who wishes to send them some money. :)

Personally, I would tell Megan and Lynne to go pound sand knowing what I know about them and their operation.  It is ALWAYS about the money. In this case, $250 per image.

The latest Paypal invoice I've seen is numbered 32.  That means that 32 Paypal invoices have already been sent out before this finally surfaced onto ELI's radar. There is a good chance that many of those Paypal invoices resulted in some payment from people who weren't industrious enough to Google CSI and find ELI to get some informed help.

I have to give credit to Glen Carner and Copyright Services International for making this much progress so far using their "gentle" "retroactive license" approach using dollar amounts that are "reasonable" without using collection lawyers."

IN reading Megan's emails, I have to say she used a very civil, respectful, and non-threatening tone.  Kudos to her.

I hate to say it, but CSI might actually have a fighting chance of ongoing survival as they have taken away MOST of the arguments ELI has made about the whole extortion letter scheme minus the whole CEASE & DESIST NOTIFICATION thing and using the whole "wallpaper trap".  Good job, Glen, for making some progress.

But the whole "free wallpaper trap" still smells like a scam which sounds all too familiar with Vincent Tylor's "free wallpaper" websites.


I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Greg Troy (KeepFighting)

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Re: Copyright Services International is back again
« Reply #1 on: October 18, 2012, 11:49:47 PM »
I will have to give Glen Carner credit for what he has done, the tone of the letter, the amount requested and everything in gerneral aside from the baitpaper issue is what I would consider to be inline and reasonable.  I agree with Matthew, this is a step in the right direction, good job.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Peeved

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Re: Copyright Services International is back again
« Reply #2 on: October 19, 2012, 12:43:58 AM »
Quote
I am reaching out to you from Copyright Services International LLC on behalf of the photograghers Dennis Flaherty and Willard Clay.  As I mentioned on the phone, we have found a photo of Mr. Flaherty's on the XXXXXX section of XXXXXX that does not appear to have the proper licensing.   We have also found a photo of Mr. Clay's on XXXXXXX that does not appear to have the proper licensing.

The specific image for Mr. Flaherty that I am referring to is "DF-VA0001791662-AR0106" (#VA0001791662)" and is the seen on http:XXXXX

The specific image for Mr. Clay that I am referring to is "WC-1-750393536-50DC-135" (#VA0001810778)" and is the seen on http://XXXXXXX.  To help clarify, the image URL is : http://XXXXXXXX   

The photos looks great on the sites; however please understand that it is our responsibility to protect the rights of the photographers, and as such we are obligated to ensure they are compensated for their professional work. I'd like to emphasize that we would like to resolve this concern in an amicable fashion. Accordingly, we are offering an opportunity to retroactively license these images and provide release to XXXXXXX and its officers from all claims related to the above stated images.

Our standard fee for the retroactive licensing of these images as used on the above mentioned websites is $1255.  This represents the market value of these images that would be due if they had been licensed from the date of  first use, without any fees or penalty.  ;D ;D

Simply removing the images will not provide release and only though retroactive licensing can release be given. The retroactive licensing agreement does not provide for future use, however we do offer future use licensing at fair market rates should you be interested.

In support of the validity of our concern, I have attached the registration and an affadvit from the photographer Dennis Flaherty as well as the registration from the photographer Willard Clay.

Please contact me as soon as possible to resolve this concern. We will provide an invoice (via Pay Pal) and signed release agreement for your documentation.

Sincerely,

Megan Rodgers
Account Director
Copyright Services International llc
340 S. Lemon Ave. #2204
Walnut, California  91789
United States
p 747.333.6615
f 866.842.4037

Spelling errors aside....see "teal" highlights in above quote....

WTG UNCLE GLEN! LOL!!!!!!!!!!!!!! Still....I must go with Matt on the "pounding sand" thing!
 ;D
« Last Edit: October 19, 2012, 12:53:19 AM by Peeved »

Couch_Potato

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Re: Copyright Services International is back again
« Reply #3 on: October 19, 2012, 04:54:29 AM »
I would at least ask when infringement was first identified.

The problem with a retrospective licence is it is in the best interest of the copyright holder to wait until making contact. In Getty's case it's usually around 6 months which they still try to charge you for. Ridiculous.

Robert Krausankas (BuddhaPi)

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Re: Copyright Services International is back again
« Reply #4 on: October 19, 2012, 06:49:09 AM »
I guess you all figured I might have something to add here...While Glen Carner does earn a little respect from me, for at the very least making a move in the right direction in terms of the monies "requested", I still have an issue with his "employees" ie "clerks", ie "phishers" trying to collect using email and PayPal??

Both totally unprofesional...But I know what Glen would say to this... "This helps keep our cost down so we can offer a "reduced" amount for the"retroactive license" or something along those lies...

The other issue I have with this retroactive license is, how is Copyright Services International determining the lenght of the supposed "unauthorized use"..Just because a clerk with a keyboard type something doesn't always make it fact..

Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Robert Krausankas (BuddhaPi)

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Re: Copyright Services International is back again
« Reply #5 on: October 19, 2012, 07:13:29 AM »
Here is the registration for the Dennis Flaherty image.

Type of Work:    Visual Material
Registration Number / Date:    VA0001791662 / 2011-09-15
Application Title:    Feb 2010.
Title:    Feb 2010.
Description:    electronic file ( e service)
Copyright Claimant:    Dennis Flaherty. Address: PO Box 334, Bishop, CA, 93515.
Date of Creation:    2009
Date of Publication:    2010-02-10
Nation of First Publication:    United States
Authorship on Application:    Dennis Flaherty; Domicile: United States; Citizenship: United States. Authorship: photograph(s)
Rights and Permissions:    dennis@flaherty.com
Contents:    AR0106 -- CZ0091 -- CZ2988 -- PR3866 -- LT0455 -- PR0876 -- GR0191.
Names:    Flaherty, Dennis

Looks like several images were registered at the same time by the looks of the "contents" section above, I wonder if they all have the title of Feb.2010 as this could bean issue rendering this registration useless
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Robert Krausankas (BuddhaPi)

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Re: Copyright Services International is back again
« Reply #6 on: October 19, 2012, 07:22:31 AM »
and the Willard Frank Clay image registration:

Type of Work:    Visual Material
Registration Number / Date:    VA0001810778 / 2012-04-09
Application Title:    2010 Scenic Landscapes by Willard Frank Clay.
Title:    2010 Scenic Landscapes by Willard Frank Clay.
Description:    Electronic file (eService)
Copyright Claimant:    Willard Frank Clay, 1941- . Address: 325 East 6th Avenue, Naperville, IL, 60563, United States.
Date of Creation:    2010
Date of Publication:    2010-04-05
Nation of First Publication:    United States
Authorship on Application:    Willard Frank Clay, 1941- ; Domicile: United States; Citizenship: United States. Authorship: photograph(s)
Alternative Title on Application:    Group Registration - 3 Photos Pub. April 5, 2010 through Aug. 20, 2010
Rights and Permissions:    Willard Frank Clay, Willard Clay Photography, Inc., 325 East 6th Avenue, Naperville, IL, 60563, United States, (815) 325-0314, (630) 355-3010, willardclay1@gmail.com
Copyright Note:    Regarding publication: Range of dates: April 5, 2010 - August 20, 2010
Contents:    43SM-561.jpg, April 5, 2010; 50DC-135.jpg, May 29, 2010; 23MI-161.jpg, Aug. 20, 2010;.
Names:    Clay, Willard Frank, 1941-
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

 

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