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Author Topic: Need an opinion on a letter I received.  (Read 49414 times)

David_3

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Re: Need an opinion on a letter I received.
« Reply #90 on: October 02, 2014, 03:10:23 PM »
In this case, I would totally ignore them.
Thanks for your replies. I am looking for the solution that minimizes the chance that a lawsuit is ever filed. Just having a suit filed is a negative outcome from our point of view. We simply want this matter to end.

If we ignore them, doesn't this increase the chance that they see my relative as an easy/weak target against whom they can get a default judgement? My inclination is to come back with a forceful answer to the charge of copyright violation, and request more information from the law firm which will tend to bolster our case or rather disprove their allegations. I believe if this were done, the firm would not contact us again. Thoughts?

Quote
Or consider filing a bar complaint & state attorney  complaint with whatever bar associations they are members of, it should be on them to do some simple fact checking before trying to squeeze money of out of anyone.

I will keep that in my back pocket but our intent is really just to make the matter go away.
« Last Edit: October 02, 2014, 03:16:17 PM by David_3 »

Robert Krausankas (BuddhaPi)

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Re: Need an opinion on a letter I received.
« Reply #91 on: October 02, 2014, 07:15:20 PM »
if the images were linked, they have no case, they know this, chances are not high that they will file, and if they did file, you would need to answer to avoid a default judgement..BUT when you answer ( if they file) you can also file a counter-suit, which would put them in a very awkward position, which they could not escape. Sometimes engaging them, will just add fuel to the fire and you may make statements that do not help your cause. I don't think I would caontact them and ask them for any proof.. If you know for a fact the images were linked, you already have that, and they won't have anything, they are banking on the fact that you are ignorant and don't know anything about the case law of perfect10 v google.
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

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stinger

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Re: Need an opinion on a letter I received.
« Reply #92 on: October 02, 2014, 08:10:56 PM »
I like Roberts recommendation.  Too often these trolls don't really car what you say.  Your response tells them they have a live one.  They will only listen for things that allow them to prey on your, or your relatives, conscience.

I filed a bar complaint that required the troll attorney to get another attorney to respond on her behalf.  I have heard nothing from them since.

Greg Troy (KeepFighting)

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Re: Need an opinion on a letter I received.
« Reply #93 on: October 02, 2014, 09:46:23 PM »
Robert is giving you good advice.

I filed complaints with the Attorney General, BBB, FTC, my Congressman and Senator and never heard a peep again after that.  If you do engage them make sure you know what you are doing before hand or as Robert says you may do or say something that could hurt your case.
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

David_3

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Re: Need an opinion on a letter I received.
« Reply #94 on: October 03, 2014, 12:14:22 AM »
Robert, stinger and Greg,

Thanks for your advice. I guess I was operating on the assumption that the law firm would act in good faith. Perhaps that's just me being a bit naive. Your statements have helped us make a more informed decision about how to proceed and what to expect.

The idea regarding complaining to the bar, etc., sounds like it has been effective for those who tried it. Have you any advice regarding how to go about making an effective complaint to a state bar?  For instance how specific does the complaint need to be - what things are good to include / exclude?

Also, the letter was signed simply as Sanders Law, PLLC - is it possible to file a complaint about the whole firm or do I need a specific name?
« Last Edit: October 03, 2014, 02:37:27 AM by David_3 »

David_3

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Re: Need an opinion on a letter I received.
« Reply #95 on: October 03, 2014, 02:24:58 AM »
Included in the letter was a reference to a copyright application date and number. I have attempted to search for this number on the US copyright office website without success. I have only found 47 records listed under BWP Media and none of them match the number listed or contain the name of the celebrity in the photo. Is this conclusive that they don't have a valid copyright, or is searching on the US copyright office website a hit or miss operation with incomplete records?

stinger

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Re: Need an opinion on a letter I received.
« Reply #96 on: October 03, 2014, 07:52:49 AM »
My thought is that if your images were hot linked, copyright status shouldn't matter.

Bar complaint wise, you have to direct your complaint appropriately or it will be dismissed.  On my first attempt, I stayed high level and the bar came back and said that without additional info from me in 30 days, they would dismiss the complaint outright because they felt the attorney was only advocating for her client.  I had to prove that she violated the WA state Supreme court code of conduct.

I googled and scanned the code.  It was easy to see that extortion violated the code. I wrote back, again somewhat high level, explaining the extortion.  She got an attorney to write a very detailed response saying she was only "advocating for her client".  They ruled for her without giving me an opportunity to respond.

If they come at me again,my next bar complaint will be extremely detailed.  It will show a pattern of behavior against multiple clients that constitutes extortion.

David_3

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Re: Need an opinion on a letter I received.
« Reply #97 on: October 04, 2014, 12:39:02 AM »
Thanks, stinger. That helps a lot with regards to how to properly focus a complaint.

DJboutit2

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Re: Need an opinion on a letter I received.
« Reply #98 on: November 02, 2014, 02:55:43 PM »
I am new here I just got a letter from them I run a small forum for posting pics and videos of celebs and models. The notice is for one Selena Gomez in a set of like 10 to 12 image the copyright owner is listed as Fameflynt Inc. I deleted the image and sent them a email saying I deleted the image and banned the person that posted image on my forum.  What should I do about this??

Robert Krausankas (BuddhaPi)

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Re: Need an opinion on a letter I received.
« Reply #99 on: November 03, 2014, 08:13:25 AM »
If you allow other to upload videos, images you need to have a registered agent, to prevent this from happening in the future.. In regards to what to do, all of the info to make a sound decision to move forward is in the forums, do your homework and get educated.
« Last Edit: November 03, 2014, 11:42:14 AM by Greg Troy (KeepFighting) »
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..

JLorimer

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Re: Need an opinion on a letter I received.
« Reply #100 on: November 03, 2014, 09:53:05 AM »
Sanders Law, PLLC represents a lot of these paparazzi type photo groups. Dig around and find some of the information here about BWP Media USA and National Photo Group. Read through this thread to get a little more familiar and then educate yourself using other parts of the forum.

Oscar Michelen

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Re: Need an opinion on a letter I received.
« Reply #101 on: November 17, 2014, 10:15:43 PM »
I have handled several of these cases with BWP Media and Sanders. Again, people need to realize that celebrity photos are vastly different than stock images. That being said, most of the time these images are hotlinked as discussed above and/or posted by third parties. Having a properly registered DMCA agent will protect you from future claims  over content posted by others. For now, take the images down, read through this forum topic and others devoted to BWP and Sanders Law and get educated

JLorimer

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Re: Need an opinion on a letter I received.
« Reply #102 on: November 19, 2014, 07:25:59 AM »
In what way are celebrity images different than stock images? I imagine they have a higher demand and value for a period of time. After every major celebrity source has posted them around it seems that drops off significantly.

Robert Krausankas (BuddhaPi)

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Re: Need an opinion on a letter I received.
« Reply #103 on: November 19, 2014, 09:48:14 AM »
simply put, potential users of images would likely pay more for a celebrity image, than an image of a cactus. Which is exactly why paparazzi do what they do, they can make more money, than shooting plain, boring stock images.
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..

lighthouse1

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Re: Need an opinion on a letter I received.
« Reply #104 on: November 20, 2014, 01:43:20 PM »
Around August, I received the standard letter that everyone here has seen. It was for one image that wasn't hosted on my site, which was a tumblr blog that I had linked to my domain for a short period of time. I recently received the email that everyone comes here after reading and obviously do not plan to respond, nor did I respond to the letter. One thing I have noticed from reading this thread and others over the past few months is that many of the people who were actively sharing updates don't give a conclusion or stop responding. If I continue to just not respond, knowing they have no case and that I have done nothing illegal or wrong, will things continue to escalate? Have they ever actually just left someone alone?

 

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