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Author Topic: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network  (Read 34687 times)

Matthew Chan

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We have a new letter submitted by an ELI reader who has authorized me to post his redacted copy of his settlement demand letter. This never-before-seen letter is from CPM Legal LLC written by California lawyer Christian Martinen. This letter is once again on behalf of Hawaiian Art Network. The photographer in question is Wendy Chattil.

http://www.scribd.com/doc/77260408/CPM-Creative-Settlement-Demand-Letter-by-Christian-P-Martinen

CPM Creative Legal & Production can be found at: http://www.cpm-creative.com

I attached a copy of registration that was later submitted to the letter recipient. However, page 2 is missing. The page that identifies the images registered appears to be conveniently missing. I cannot tell if this is a simply oversight or intentionally left out.

Let's go find out more about these folks. The original letter recipient may chime into this thread.
« Last Edit: January 05, 2012, 05:16:28 PM by Matthew Chan »
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.

lucia

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #1 on: January 05, 2012, 02:53:43 PM »
At least the letter has some information indicating something was registered.
I went to the copyright search http://cocatalog.loc.gov/ used the advanced search and found

Quote
Public Catalog
 Copyright Catalog (1978 to present)
Search Request: Builder = (Shattil Wendy)[ in Name: All ]AND(Rozinski)[ in Name: All ]
Search Results: Displaying 29 of 33 entries

Type of Work:    Visual Material
Registration Number / Date:    VA0001301433 / 2004-05-25
Title:    Webshots uploads 2/15-5/18/2004.
Description:    Photos.
Copyright Claimant:    Wendy Shattil, 1949-, & Bob Rozinski, 1938-
Date of Creation:    2004
Date of Publication:    2004-02-15
Previous Registration:    Prev. reg. 1991, VA 451-671.
Basis of Claim:    New Matter: addition of American flag background.
Copyright Note:    Cataloged from appl. only.
   
Names:    Shattil, Wendy, 1949-
   Rozinski, Bob, 1938-

I don't know enough to figure out how to view the actual  images that were registered.  But I am intrigued because I'm not seeing any American flag background behind the cute baby skunks.

lucia

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #2 on: January 05, 2012, 02:56:32 PM »
I'm learning. I noticed the previous updates an image from 1991. I think it might be this:

Quote
Public Catalog
 Copyright Catalog (1978 to present)
Search Request: Builder = (Shattil Wendy)[ in Name: All ]AND(Rozinski)[ in Name: All ]
Search Results: Displaying 15 of 33 entries
Previous Next
Detailed Record

[Bald eagle portrait]
Type of Work:    Visual Material
Registration Number / Date:    VA0000451671 / 1991-02-12
Title:    [Bald eagle portrait]
Description:    photo.
Notes:    Title from appl.
Copyright Claimant:    Wendy Shattil & Bob Rozinski
Date of Creation:    1980
Date of Publication:    est. 1Jan84
Date in Notice:    notice: 1980
Authorship on Application:    Bob Rozinski.
   
Names:    Shattil, Wendy
   Rozinski, Bob, 1938-


Robert Krausankas (BuddhaPi)

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #3 on: January 05, 2012, 02:57:26 PM »
Great find Lucia, wouldn't it be something if they offered this up and it was not for the image in question!! It's one thing to use scare tactics, but this would be really low, unethical, and truly disgusting!

::EDIT:: that second one you show , mentions a bald eagle.. I'm no zoololgist, but I can tell the difference between and eagle and a skunk!
« Last Edit: January 05, 2012, 02:59:08 PM by buddhapi »
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.
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lucia

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #4 on: January 05, 2012, 02:59:50 PM »
I'd avoid getting to excited though. It might just be a clerical screwup. Googling around it's clear these two photographers have registered lots of wildlife images, and published in books. So it may turn out that they sent the wrong registration but a registration does exist. 

Robert Krausankas (BuddhaPi)

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #5 on: January 05, 2012, 03:06:47 PM »
Agreed it could be an error, in the meantime heres a link to the NY Bar Assoc. and Mr Martinens' info

https://iapps.courts.state.ny.us/attorney/AttorneyDetails?attorneyId=5620050

There is no listing for him at the Claifornia Bar Associations site...
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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Robert Krausankas (BuddhaPi)

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #6 on: January 05, 2012, 03:08:52 PM »
Is it just me, or do all attorneys have an entertainment background??

http://www.linkedin.com/pub/christian-martinen/6/58/160
Most questions have already been addressed in the forums, get yourself educated before making decisions.

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Robert Krausankas (BuddhaPi)

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« Last Edit: January 05, 2012, 03:20:37 PM by buddhapi »
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..

Peeved

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lucia

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #9 on: January 05, 2012, 03:29:10 PM »
Guessing a baby skunk image might be in the childrens book, I googled a bit. That particular skunk image doesn't seem to be in this book--
http://books.google.com/books?id=BGx2GQ5rjOMC&pg=PA18&lpg=PA18&dq=wildlife-watching+for+kids+skunk&source=bl&ots=HnUA0ovyA7&sig=k1At-PwnF7_ngUWuxWYeWJVzJYs&hl=en&sa=X&ei=jQIGT52gAuqrsQKL0KCRCg&sqi=2&ved=0CC0Q6AEwAA#v=onepage&q&f=false

So, the 2001 copyright won't cover it. I'm looking for the calendar. :)

I found a 2009 book-- but I don't see this on her .  The text with "skunk" is singular:
http://books.google.com/books?id=i20XkUNPCywC&pg=PT27&dq=Shattil+skunk&hl=en&sa=X&ei=0gMGT4neO4jDgQfsr_3gAw&ved=0CDsQ6AEwAQ#v=onepage&q=skunk&f=false

What I gauge as likely is if the image is registered, it's likely to be in one of these:

Quote
Type of Work:    Visual Material
Registration Number / Date:    VAu001076459 / 2011-08-25
Application Title:    2011_Jan thru June_Unpublished_Images_Registration.
Title:    2011_Jan thru June_Unpublished_Images_Registration.
Description:    Electronic file (eService)
Copyright Claimant:    Wendy Shattil. Address: P.O. Box 370422, Denver, CO, 80237, United States.
   Robert Rozinski. Address: P.O. Box 370422, Denver, CO, 80237, United States.
Date of Creation:    2011
Authorship on Application:    Wendy Shattil; Domicile: United States; Citizenship: United States. Authorship: photograph(s)
   Robert Rozinski; Domicile: United States; Citizenship: United States. Authorship: photograph(s)
Rights and Permissions:    W Shattil, P.O. Box 370422, Denver, CO, 80237, United States
Copyright Note:    C.O. correspondence.

or

Quote
Type of Work:    Visual Material
Registration Number / Date:    VAu001061589 / 2011-03-25
Application Title:    2010_Unpublished_Images_Registration.
Title:    2010_Unpublished_Images_Registration.
Description:    Electronic file (eService)
Copyright Claimant:    Wendy Shattil. Address: P.O. Box 370422, Denver, CO, 80237, United States.
   Robert Rozinski. Address: P.O. Box 370422, Denver, CO, 80237, United States.
Date of Creation:    2010
Authorship on Application:    Wendy Joy Shattil, 1949- ; Domicile: United States; Citizenship: United States. Authorship: photograph(s)
   Robert Alexander Rozinski, 1938- ; Domicile: United States; Citizenship: United States. Authorship: photograph(s)
Rights and Permissions:    Wendy Joy Shattil, (303) 721-1991, wshattil@yahoo.com
   
Names:    Shattil, Wendy Joy, 1949-
   Rozinski, Robert Alexander, 1938-

These are e-filed,  it's my guess that the filing isn't limited to whatever was selected for a book or calendar.  The recipient of the letter might want to  look in there.

Robert Krausankas (BuddhaPi)

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #10 on: January 05, 2012, 03:34:57 PM »
Sorry if this is a double post!

Photogs flickr stream: http://www.flickr.com/photos/20222369@N05/3978658613/in/photostream/

And not surprisingly to me, this exact image happens to appear on several free wallpaper sites, although not as many as V.K. Tylors, tineye.com only revealed 75 results, mostly blogs and whatnot, but a few wallpaper site in the mix.

http://www.tineye.com/search/c51bf3eb2ef34626d583619dfbd9272ca37aa238/?page=7&sort=score&order=desc
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..

Peeved

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #11 on: January 05, 2012, 04:01:27 PM »
Sorry if this is a double post!

Photogs flickr stream: http://www.flickr.com/photos/20222369@N05/3978658613/in/photostream/

And not surprisingly to me, this exact image happens to appear on several free wallpaper sites, although not as many as V.K. Tylors, tineye.com only revealed 75 results, mostly blogs and whatnot, but a few wallpaper site in the mix.

http://www.tineye.com/search/c51bf3eb2ef34626d583619dfbd9272ca37aa238/?page=7&sort=score&order=desc

Also NOT SURPRISING looking at tineye, is the LACK of the "copyright identification information" which the demand letter so graciously accused the RECIPIENT of removing!

"Besides violating the copyrights in your infringing uses of the image in question, you have violated Section 1202 (b) of the Digital Millennium Copyright Act (“DMCA”) by removing copyright identification information from the one image that were used on the (http://www.Default.htm) website.Section 1202(b) of the DMCA provides:§ 1202. Integrity of copyright management information(b) REMOVAL OR ALTERATION OF COPYRIGHT MANAGEMENT INFORMATION. — No person shall without the authority of the copyrightowner or the law — (1) intentionally remove or alter any copyright management information"


"The DMCA provides for minimum statutory damages in the sum of not less than $2,500 or more than $25,000 as to each violation. Copyright management information includes the name of the author of the work. Ms. Shattil’s name is included on her images wherever those images legitimately appear, but it has been cropped off the images for useon your website. This subjects you to minimum statutory damages of $2,500 for the DMCA violations concerning the one image, in addition to attorney fees and costs, and additional damages for the copyright infringements. The maximum statutory damages for the DMCA claims alone would be $125,000. The one use of the above entitled image at this website would result in substantial actual damages. An award of statutory damages for the copyright infringements would likely be multiples of actual damages and would also include the attorney fees and costs of bringing suit.

The demand letter is also very POORLY written and can someone say, "SPELL CHECK"?
« Last Edit: January 05, 2012, 05:23:27 PM by Peeved »

Robert Krausankas (BuddhaPi)

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #12 on: January 05, 2012, 04:50:24 PM »
Here is some info on Christian Martinens partner:

Linkedin Profile: http://www.linkedin.com/pub/joy-de-leon/6/87/389

Bar Assoc.: http://members.calbar.ca.gov/fal/Member/Detail/209141
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..

milosron

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #13 on: January 05, 2012, 06:14:22 PM »
Wow, I'm impressed at all the responses so quickly.  I'm the one who got this letter.  I'll chime in later with some more details but check this out to see how widely this image has been distributed:
http://www.google.com/search?q=baby+skunks&hl=en&gbv=2&imgrefurl=http://pixdaus.com/?sort%3Dtag%26tag%3Dbaby%2520skunks&imgurl=http://pixdaus.com/pics/1242855936ie9EpYX.jpg&w=800&h=589&sig=116627408044841583713&tbm=isch&tbs=simg:CAQSEgnfjnpSU9BMSiGDFG6TyZV2Rg&sa=X&ei=LwzmToKGEOLc0QHUwKGZDg&ved=0CAUQrBE&biw=1707&bih=971

All I used was a thumbnail of this image as a link to an public service advice page in a website for a small dog grooming business describing how to clean your dog if it got skunked.  I am not a professional web designer and I do this website for free as a friend to the owners.  Talk about no good deed going unpunished.



 

Oscar Michelen

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Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network
« Reply #14 on: January 05, 2012, 06:47:43 PM »
I cannot believe the response time and work done on this issue by this forum!  All I can say is I am glad I am  on your side!

 

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