I am happy to announce that I have solidified the outline of what the Special Report will Cover. However, the working outline is still subject to changes. (It is not too late to submit ideas and suggestions!) It is looking to become a 100-page report including actual court cases and documents.
A beta-version of the special report will be released later in March 2012 at a significant discount. The plan is that a limited number of ELI supporters who commit to the early beta-version will receive continual updates for at least 6-months. A private payment link will be sent on a first-come, first-serve basis. I will make it available in groups of 5-10 buyers a time. I am simply not equipped to manually keep track of that many beta-version copies or early buyers. Only ELI Forum & ELI website visitors will get a crack at it. There are no plans on posting any of this beta-version information to the ELI Twitter account or Facebook pages.
There will be an agreement each buyer must sign in and fax in order to get a private payment link to buy it. No signed agreement, no beta report. Any unauthorized payments for the beta report will not be accepted. I will be asking for full contact information such as phone number and email address. One of the stipulations is that no buyer can be a professional photographer or be stock photo industry employee or anyone related to them. Every buyer of this beta-version will be required to identify themselves to me. All beta-version updates will be personally emailed by me. If those terms are too tough, that is fine. Don't be a beta-version buyer. Just wait until the final version is released where full price will be charged. And I won't promise when the beta-version will be complete. It will be out of beta when I feel comfortable enough to turn it loose at full price. (I will provide pricing at a later date.)
I know that the stock photo industry will eventually get a hold of a copy of my special report. For now, I intend to limit the viewers of this work-in-progress until I am fully comfortable of taking it out of beta.
The reason why I am providing the option of a beta-version is that some people may need whatever information I have NOW and simply cannot wait until the beta-version process is complete. For them, quickly getting all this information in one location is important to them.
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Table of Contents
Introduction
I Got the Letter, What Do I Do Now?
• Legal Disclaimers
• First Steps
• Image Removal: Host, Wayback Machine
• Communicating with website developer, designer, and host
• ELI Articles, ELI Forums
• ELI Videos
Setting Expectations
• Getty Images Standard
• Everyone Pays a Price
• Definition of Winning
• Everyone Must Choose a Course of Action
• The Big Picture
• Extortion Letter Scheme is a Revenue Model
• You Are Not Special
• Sense of Fairness
Evaluating Risks
• Emotional Intelligence
• Risk Tolerance
• Coping with Fear, Uncertainty, Doubt
• Sense of Justice
• Willingness to Fight
• Get a Spine
• Get Rational
Stock Photo Industry
• The Players
• Bluffs, Lies, & Deception
• Picscout
• Photographers
• Commoditization of images
• Wallpaper Entrapment
• Corporate employees are Cowards
The Extortion Letter Process
• Legalized Extortion
• Revenue Model
• Need for Secrecy
• Fear of Disclosure
• Use of Inexperienced, young Lawyers & Hourly employees
• Persistence
• Intimidation tactics
• Artificial Deadlines
• Settlement Pricing
• Multi-step communication & letters
• Escalation to Collection Agency & Collection Lawyer
• Legal Ignorance & Fear of Legal Process
• Actual Settlement
Collection Process
• Dealing with Internal Team
• Dealing with Collection Agency
• Dealing with Collection Lawyer
• Collection Commission Splits & Compensation
• FDCPA
Copyright Legal Issues
• Relevant legal issues
• Statute of Limitations
• Copyright Registration
• Market Value
• Statutory Damages vs. Actual Damages
• Willful vs. Innocent Infringement
• Copyright Act
• Legal precedent
• Individual vs. Corporate Entity
Response Strategies
• Go Dark
• Lay Low
• Go Crazy
• Buy Time
• Lawyer Up
• Self-Representation
• Retaliate and Fight back
• Outlawyer the other side
How to Write Your Own Letter
• Choosing a Persona: Angry vs calm, crazy vs reasonable, rational vs irrational, difficult vs easy-going, aggressive vs passive, set the rules vs. follow the rules.
• Creating Gravitas
• Method of Communication: Fax, Phone, Email, Snail Mail
• Sample Letters
• Template Letter
• Response Letter Formula
• Buy Time
• Letter Template
• Apology
• Explanation
• Talking Points
• Statement of Intent
• Settlement Offer
• Follow-up strategies
Self-Representation Weapons
• What is “Pro Se” Representation
• Going Up Against Lawyers
• Lawyers Code of Conduct
• Important of Lawyers License
• Lawyer Weaknesses
• State Bar Complaints Against Lawyers
• AVVO & Lawyer Site Complaints
• David vs. Goliath Fights
• EFF
• ELI Forums & ELI Document Library
• Knowing Legal precedent
• Judges Go Out of Their Way for “Pro Se”
• Corporate Entity Issues
• Power of Publicity
• Discovery Process
Overview of Lawsuits & Legal Process
• Process of Service
• Costs of Filing
• Costs of Lawyers & Legal Fees
• Public Docket & Public Record
• “Pro se” Self-Representation
• Hiring a Lawyer to Represent You
• Young, Inexperienced Lawyers
• Discovery
• Default Judgment
• Settlement process
• Collectability
• Corporate Entities
• Fairness of Judges
• Winning a Lawsuit is an Uphill Expensive Process
• Even when they win, they can lose
Legal Case Precedent & Analysis
• Getty Images Record
• Masterfile Record
• Hawaiian Art Network Record
• Other Stock Photo Agency Record
• Lawsuits Gone Wrong
• Getty Images vs. Advernet
• Masterfile vs. Country Cycling
• Pattern of Masterfile lawsuits
• RIAA Lawsuits
• Righthaven Lawsuits
• BitTorrent Lawsuits
• Predisposition of Judges & Courts on Copyright Infringement Cases
• Copyright infringement favor the Underdog
• Even when they win, they still lose
Selecting a Course of Action
• Self-Representation
• Hiring Your Own Lawyer
• Hiring Oscar Michelen
• Going Public
• ELI Website & ELI Forum Submissions
• Search Engine Dominance
• Using Social Media
• Get Revenge & Payback
• Financial Contributions
Scenarios
• For Website Developers Only
• Template Monster
• Dealing with Website Developers
• Training Your Own Lawyer
Prevention
• Getting Another Extortion Letter
• Removal from Wayback Machine
• Blocking Picscout
• Microstock
• Use Graphics
• Use Your Own Photos
• Ongoing Survival of ELI
BONUS SECTION: Fight & Combat Principles
• Change the Rules of the Fight
• Be Authentic, Be Open
• Embrace Imperfection
• Get a Spine
• Ask for Help
• Look for Kindred Spirits
• Make Deals People Cannot Refuse
• Take Calculated Risks
• Acceptance of Loss
• Violence is not an option
• Veiled threats vs. Direct Threats
• Don’t Bluff or Make Threats You Can’t Carry Through
• Don’t Invite Lawsuits
• An Eye for Eye, Two for One Specials
• Power of Embarrassment
• Power of Disclosure
• Power of Publicity
• Power of Search Engines
• Personalize the Fight
• Targeting the Right Person(s)
• Dirt-digging with Social Media & People Search Services
• Create Paper Drama
• Write Open Letters
Appendix
• FDCPA
• Copyright Act
• Getty Images vs. Advernet
• Masterfile vs. Country Cycling
• Righthaven Lawsuit Orders
Links to Articles & Reference Websites