I got hit 2 separate letters 2 images - HawaiiArt.com or Hawaii Art Network LLC

[Loopster]

Re:  Cease and Desist Demand and Offer to Settle Copyright Infringement Claim

I represent Hawaiian Art Network LLC (HAN), the owner and operator of HawaiiArt.com and HawaiiPictures.com, and photographer V.K. Tylor. 

It has come to our attention that you are using one (1) of Mr. Tylor’s images without authorization on your website 

My client’s Image is used at:

Page URL:    
Image URL:    
   
Copyright subsists in Canada in this work by virtue of Section 5 of the Canadian Copyright Act and the Berne Convention. Even if your use of the image was an innocent infringement, you could be liable for statutory damages as high as $20,000 as set forth in Section 38 of the Copyright Act plus the legal costs of proceeding against you.  We have copies of your unlawful use to preserve as evidence. 
 
Demand is hereby made that you immediately remove the image from the website, delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of the image maintained in your files.  If you believe you have been granted a license to use the above-described image, please provide me with any documentation upon which you base that belief. 

Removal of the infringed work does not relieve you from liability for damages arising from your past infringement.  An award of statutory damages for the copyright infringement would likely be multiples of actual damages and would also include legal fees and costs of bringing suit. 

My client prefers to settle claims amicably whenever possible and without recourse to lengthy and expensive litigation.  For settlement purposes, Hawaii Art Network offers settlement for a fee of $2,268.00, including legal fees incurred to date and a retroactive license back two years for the past website uses.  Kindly pay this amount in full on or before October 31, 2011, without Hawaii Art Network and Mr. Tylor being caused to incur further legal fees and costs.  fees and costs that Hawaii Art Network or Mr. Tylor must incur in order to resolve this matter will be added to the settlement demand. This settlement amount anticipates immediate removal of the image from the website by October 31, 2011 with no future uses.   Any other uses of the image, or any other image must be negotiated separately with Hawaii Art Network (I can provide contact details).

Accordingly, we hereby demand that you:

1.   Immediately cease and desist from all unlicensed use of the above image, remove the image from the website and delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of the image maintained in your files.

2.   Remit the full amount of $2,268.00 to my office  . (Payable to:  Hawaii Art Network)  A copy of the transmittal for your payment with a copy of the check should also be mailed directly to Hawaii Art Network, 1888 Kalakaua Ave., Suite C312, Honolulu, HI  96815.

Hawaii Art Network has a commitment to their photographers to enforce the copyrights for their images.  Consequently, I have been instructed by my client to take all appropriate steps to pursue this claim.  Again, my client would like to settle this claim amicably; please feel free to contact me directly to discuss further.

[Biopharm]

What ever became of this? A client of ours just got one similar to this.

[Oscar Michelen]

There are other posts about Hawaii Art and Hawaiian art to provide more info.  Bottom line is that they are highly unlikely to sue

[aimiyo]

They are suing me !

[lucia]

Where did they file the suit? 

[Robert Krausankas (BuddhaPi)]

see this thread lucia:

http://www.extortionletterinfo.com/forum/index.php/topic,2409.0.html

I think amiyo is the first case i discovered this morning, both case have been filed in HA, essentially homebase, where they don't have to hire outside counsel in a different state.

[aimiyo]

Hawaiian Art Network LLC and Vincent Tylor Vs Aloha Plastic Surgery LLC etc

US district Court in Hawaii

Claims we removed the copy right etc.... How many free download sites are out there of that image (my count 150).

The attorney is J Stephen Street. Has a good reputation in town so I am surprised.

[rob808]

These guys are a fraud don't pay them, get an attorney.  I am an artist and I am ashamed at what is happening here.  I have talked to 5 people who received letters from JS Street and Vincent K. Tylor for the same image. (Lanikai Girl)   We found this image all over on free websites, that are still distributing them.  These are US sites bound by DMCA laws and if they really were concerned about people taking their images,  they would take these sites down and deal with google in removing the image from the searches.  Its easy to do, we attended a meeting about this and a specialist was there and showed us how easy it is.  They are going after the little people and leaving the images up to be distributed. And they are going after people in their own community. Suing local people local businesses who are the lifeblood of the very place they are making money off of.   Businesses that are barely surviving here.  These artists are not going to stay in business. They must already be struggling if this has become their way of making money. I personally couldn't show my face in public if I did this.  I understand we need to protect our art but use discretion and do it right.  Its easy to tell which places are truly ripping you off and who is not.  These guys are hitting the wrong people, easy marks who often didn't even do it, not the big companies who know better.  Why? Because they aren't asking for reasonable amounts of money.  They know the small guys get scared and just pay.  The big guys require more work as attorneys get involved.  The big guys also would have looked into this and seen this was BS.  But they underestimated the little guys this time and now they are getting exposed and going to lose credibility.  Hope they made enough money to retire because no one is going to want to hire them after this gets out.

[Jerry Witt (mcfilms)]

That's pretty much the belief around here Rob. Unfortunately far too many people just choose to roll over and cut a check.

[Matthew Chan]

My statement isn't going to win me any popularity contests but if some of these people decided to roll over easily then maybe they might decide to grow a spine to use and a brain to get educated with. I don't have a lot of sympathy for those who simply bitch about it but don't take a stand. Asking for help is ok, but expecting a problem to totally go away without expending time, energy, OR money is delusional.

Unfortunately far too many people just choose to roll over and cut a check.

[Robert Krausankas (BuddhaPi)]

I could "maybe" understand rolling over IF information regarding the demands letters was scarce and a royal pain in the ass to research..but that is plainly not the case, I found this site literally within minutes of opening my letter, and that was nearly three years ago, the info that has been served up here since that time is truly amazing.  Not to mention the search engine exposure we get. I guess there will always be those that just can't stomach it and pay up, which is really a shame...but such is life I guess.

[Extortion-Victim-No Longer]

Their fee HAN...for 1 photo of VKT was $10,000 (for my case)...They are all over the map!