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Author Topic: Nice email from Jonathon Diaz of PhotoAttorney  (Read 2672 times)

Matthew Chan

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Nice email from Jonathon Diaz of PhotoAttorney
« on: March 02, 2014, 02:55:47 AM »
I was brought attention to the excellent communication skills of Jonathon Diaz, brand-new attorney for PhotoAttorney.com and Carolyn Wright.

http://www.photoattorney.com/attorneys/jonathan-diaz/

The recipient of this email contacted me and she was advised to sign up with Oscar Michelen's Defense Letter Program.  For $250, she is in good hands with Oscar. I am biased but it was the best action she could take.  This person made the initial mistake of trying to negotiate for herself without knowing any of the relevant issues and so she got firmly reprimanded by PhotoAttorney roly-poly, Jonathon Diaz.

"I am not trying to hold you up for money.  I am trying to enforce the United States Copyright laws.  It is that simple, and it is disingenuous to think that you can do whatever you want with zero consequences.  If anything you have held up my client and robbed him.  He makes a living and feeds his family through the licensing of his images and your use only diminishes his ability to do so.  Just because you used the image for educational purposes tells me that you lack a fundamental understanding of what fair use is.  Were you reporting on the contents of the image?  Were you criticizing the image?  No, you were using the image to illustrate something and that puts your use firmly outside the protections of fair use.  It is up to you as a business owner or blogger or whatever you are doing to make sure that you are complying with the laws of this country.  With that said, we affirmatively reject your offer of nothing.  Our original offer will remain available for the time indicated in my letter."

Carolyn Wright seriously needs to hire better attorneys.  Her attorneys have no sense of writing style and write these awful emails as if they will motivate anyone to cooperate with them.  Yes, if I received THAT email from Jon, I would immediately take my checkbook out and pay him, NOT!

And when I read the background and profiles of Carolyn's so-called attorneys, it is laughable.  They have these artsy-fartsy backgrounds and barely scratch the surface of legal experience compared to our own Oscar Michelen. 

Out of all the lawyers in the Photo Attorney group, Carolyn's experience and background is really the only one that deserves any kind of respect and consideration.  The rest are just newbie-boobs trying to find some kind of legal-related work to justify their expensive law degrees.

The Getty Images "compliance staff" aren't even lawyers and they are doing the same work as Carolyn's legal rookies. BuddhaPi took the time to check out Jon's background easily found in the Utah State Bar: http://copyright-trolls.com/site/photoattorney-com-has-new-hire-jonathan-diaz/
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.

 

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