Messages

1396

Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call

« on: May 30, 2012, 03:49:42 AM »

Glen,

Feel free to start a new discussion thread / topic if you feel it is warranted. There is a great deal of flexibility of how people can participate on the ELI Forums.

I think it is safe to say that some in the ELI Community are probably a bit apprehensive of your participation given that HAN has filed suit and currently have demand letters against some of our participants.

To those folks, I would simply say that whether Glen participates or not, most of the copyright enforcement staff from all the major stock photo agencies read the ELI Forums. We have nothing to lose to hear what he has to say.

I think this is an opportunity for an interesting experiment to see if there is a possibility of a meeting of the minds.

I look foward to posting on these forums daily and addressing the concerns that have been brought up  on the appropriate thread.  The outcome may not be as glamorous or conspiratorial as expected but there is still plenty of anger and frustration to go around as a result of the current law and how it's utilized by stock photo agencies.  I don't have as much flexibility on the HAN issues but will do my best to contribute as a member of CSI.  Thanks guys and expect more tomorrow.

1397

Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call

« on: May 29, 2012, 09:15:37 PM »

Glen,

I must say you are courageous for coming here to the ELI Forums. I am sure this is not your traditional audience.

I want to assure you we don't make a practice of deleting messages even those we disagree with. You may get some disagreeable or unhappy responses but you will not be deleted for simply disagreeing with the ELI Community. I say this because I want you to feel "safe" in that regard.

I also want to say that this is unprecedented for anyone on "the other side" to publicly post here on the ELI Forums. You are even using your "real name".

If it means anything, I will not permit any forum participant to overstep boundaries in terms of their behavior towards you or your posts. It may get heated and disagreeable but if it degraded to an inappropriate level, you can be sure I will intervene.

Feel free to post your thoughts but I am sure you will know you will be challenged. I know by the website traffic logs, ELI is practically required reading by most of your stock photo agency peers in the business. I think it is safe to say you are making a risky but cutting-edge move. I commend you for having the courage to do so.

ELI was not started for the intention or the expectation "the other side" would ever listen or participate here. But for you to step out now is really a stunning occasion none of us expected to see. But for what it's worth, at least you seem to be paying attention.

It will be interesting to see how all this evolves. Thanks for taking the chance to participate.

Matt is correct on all points.  Lynne has been instructed to be understanding, professional, and empathetic in her communications.  Her email clearly shows this and I am pleased you recognize that CSI is using a different approach to resolve the unlicensed use of the artist's images without any mention of penalties or copyright law that typically is included in an attorney's C & D letter.

I recognize that receiving a C & D letter from an attorney who spells out the penalties of copyright infringement can be shocking.  Unfortunately, no other method has shown to be effective in dealing with companies that are using a photographer's images for products and services without paying for it except for legal recourse. 

CSI is moving towards ELI's goal of reducing the shock and stress resulting from the recovery process on behalf of the photographers and agencies we serve.  This may be naive, but hopefully it's successful and amicable resolutions can be worked out without the distress that resulted in the creation of these forums in the first place.

I look forward to representing CSI on these forums.

1398

Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call

« on: May 29, 2012, 08:56:10 PM »

Note: I did not realize Glen Carner was posting simultaneously as I typed my own post. His post obviously beat mine to the punch. Please regard my comments as taking place BEFORE Glen posted his first ELI comment.

Regarding the legality of recording "phone calls", I have no problems recording calls if I need to regardless of what the law books say because it will be for my own use. I know that the law on recording phone conversations vary from state to state but it doesn't bother me because I have a good idea what I will use it for and what I can't. Unless you plan on using it egregiously to be malicious, very few prosecutors are going to devote their time on this "crime".

It is analogous to the fact that speeding is technically illegal. But nearly no one goes to jail or gets a speeding ticket for going 5 mph over the speed limit.  Very few people worry about it. Or a U-turn where you are not supposed to. Or talking on the cell phone while driving.  So many vehicle-related laws that people break all the time.

Or how about the "blue laws" relating to sex for certain sexual acts?  Is anyone really going to bust down your door and arrest you for engaging in a particular activity between 2 consenting adults?  Some couples are "breaking blue laws" every week!  Lots of weird laws on the books but not really that big a deal by most "normal" people.  It would cause an outrage trying to enforce them.

So, my own OPINION, is that I am not going to obsess over the laws regarding recording phone calls. Most people never give me a reason to need to consider recording a phone call without their permission.  But if I feel the need to record a phone call to protect myself or my interests, I will and I won't feel bad about it at all. I will take that risk. I won't let people get away with saying crazy things to me if I can capture and record it and then use it against them.

It is obviously YOUR choice whether you are willing to take that risk to record a phone call without someone's authorization.

And on Glen Carner posting here, ELI would probably be a hostile audience and it would definitely set these forums on fire! 

It is interesting how the copyright extortionists seem to believe in their position but seem so embarrassed by it. They don't "get it".  The people who "get it" much better are the people in the software industry. They don't go running around threatening users, they simply try to get them to "get legal".

1399

Hawaiian Letters & Lawsuits Forum / Vincent K. Tylor Affidavit for Hawaiian Art Network to Enforce Copyrights

« on: May 28, 2012, 08:12:41 PM »

Here is a copy of Vincent K. Tylor's Affidavit signed in September 14, 2010 for Hawaiian Art Network to enforce copyrights on his behalf.

http://www.scribd.com/doc/95094512/Vincent-K-Tylor-Affidavit-for-Hawaiian-Art-Network

However, I do not see this affidavit as giving Copyright Services International LLC, an entirely different legal entity, similar rights.

1400

Getty Images Letter Forum / HAN / Copyright Services International Settlement Notification Phone Call

« on: May 28, 2012, 07:51:23 PM »

Every time I think we have "heard it all" comes a new twist. This time around I have direct evidence and testimonial of the "Hawaiian Art Network / Copyright Services International Settlement Notification Phone Call"

This is how it works. I actually have the emails and spoke to the person who submitted the information to me.  At my request, I wanted to see the series of emails a reader received. IN that email chain, I was a bit confused to the "starter" email because it made it sound like I missed something. The person told me what I saw was actually the first email. However, the very first contact was a phone call from out of the blue!

My thinking is, "How does anyone expect anyone to blindly pay any money based on a phone call claiming to be Hawaiian Art Network or Copyright Services International using a phone notification call of an alleged copyright infringement?"

No one with any kind of business sense. Only the lazy, ignorant, or spineless would do something stupid and pay based on a phone call.

Lynne Hubsch, "Account Director" of Hawaiian Art Network, uses the email address [email protected] to send a confirmation email to our reader of their phone call. I have XXXX'd out the identifying names.

Dear XXXX,
 
Thank you for taking the time to speak with me yesterday. As I mentioned, I am reaching out to you on behalf of Hawaiian Art Network, llc. Our systems have identified an image on the XXXXX.com website that does not appear to have the proper licensing.
 
The specific photograph I am referring to is O-06 Hanauma Bay (VA0001696555) and is occurs on multiple pages (in a random fashion) http://XXXXXX.com/
 
The photo looks great on the site; however please understand that it is our responsibility to protect the rights of our photographers. We would like to resolve this concern in an amicable fashion. Accordingly, we are offering an opportunity provide proof of license or, if necessary, to retroactively license this image and provide documented release from all claims of copyright infringement related to the above stated image. 
 
We understand that XXXXX is a small local business and in appreciation of your willingness to settle the matter without legal means we are willing to drastically discount the retail retroactive licensing to $678.  Our standard fee for the site wide retail use of this image as seen on http://XXXXXX.com is $1425; and this discount is provided in the good-faith that we can resolve this concern in an amicable manner.
 
Simply removing the image will not provide release from the aforementioned copyright violation and only though retroactive licensing can release be given. The retroactive licensing agreement does not provide for future use, however we do offer future use licensing at fair market rates should you be interested.
 
We would very much prefer to resolve this matter with you in a direct and cordial manner by June 17, 2012. Please contact me to to provide proof of license, or to arrange for payment, which can be processed through PayPal. We will provide an invoice and photographer-signed release agreement for your documentation upon receipt of payment.
 
Kind Regards,
Lynne

Further in the email chains, Lynne uses [email protected] as her reply-to email address. It is clear by this point that Lynne Hubsch works and speaks simultaneously for HAN and Copyright Services International, both owned by Glen Carner.

As polite as Lynne might be, I advised to our reader to not waste time going back and forth anymore by email as that is not recognized official communication in these matters. The email chain I was sent was quite long and an extensive effort was made to explain the alleged infringement situation clearly went nowhere. As we all know, it really doesn't matter what anyone says, the only thing they want is money.

I told her they will likely escalate this into a letter format. If and when that happened, she should simply contact Oscar Michelen that would put a stop to all communications. She already paid for the official ELI Phone Support and I would remain in the loop if she received any more communications.

Isn't it curious about using notification phone calls now? These are my ideas of why this is now happening.

1. Phone calls are more difficult to document. and less threatening.
2. HAN did not have our readers mailing address.
3. HAN, Glen Carner, its lawyers, its lawsuits, have been the focus of intense scrutiny and investigations by the ELI community. Using a phone call helps keep them under the radar except for when they get reported to me or the ELI community.
4. By avoiding a traditional heavy-handed letter system sent by a collections lawyer, the phone/email system is far less formal and intimidating.
5. There is greater potential for information-gathering by this informal kind of communications vs. a traditional business letter or from a collections lawyer HAN typically uses.

It is difficult to say when these settlement notification phone calls began but it is the first I have heard of it being used by anyone of any significance.

Oh, did I mention it is regarding another Vincent K. Tylor image? Vincent even states the following in one of the emails:

I have given full authority to Glen, Lynn, our attorneys and Hawaiian Art Network altogether to take care of any copyright settlements directly. As you probably know, moving into a new place is a very draining and time-consuming event. I just do not have the capability to handle these negotiations directly so hired these professionals who've already been in touch with you.

VKT is definitely in bed with Glen Carner as we have long known.

1401

Getty Images Letter Forum / Re: Pro photographer + expert witness Sedlik comments on copyright infringements

« on: May 28, 2012, 01:57:32 PM »

It certainly is true that Jeff appears to be knowledgeable than most photographers and certainly more grounded in reality than most of the so-called copyright lawyers who spew out their ignorant extortion letters.

1402

Getty Images Letter Forum / Re: NCS IP Solutions Settlement Offer Letter

« on: May 28, 2012, 01:49:17 PM »

It is after the series of initial Getty Images demand and escalation letters. McCormack isn't involved at this point as far that I know of. My guess that the collection lawyers are involved AFTER the NCS IP Solutions Settlement Offer Letter if it fails to do the job.

1403

Getty Images Letter Forum / NCS IP Solutions Settlement Offer Letter

« on: May 28, 2012, 02:45:57 AM »

We have posted a copy of the NCS IP Solutions Settlement Offer Letter. 

http://www.scribd.com/doc/94881663/NCS-IP-Solutions-Settlement-Offer-Letter-Getty-Images

NCS is primarily a collection agency based in Florida despite what their letterhead says.

The letter is fairly short and tame. It appears to be a 3rd-party notification service to call Getty Images unlike a few years back when NCS attempted to collect on behalf of Getty Images.

NCS IP Solutions appears to be side-stepping the direct collection issue on this particular letter.

1404

Getty Images Letter Forum / Re: Pro photographer + expert witness Sedlik comments on copyright infringements

« on: May 28, 2012, 02:32:22 AM »

Regarding Jeff Sedlik's comments, let me say that his long of lists of comments were meaty and quite valuable to consider. Overall, he agrees with the legal assessment that has been done on ELI headed by Oscar Michelen and the reading of relevant recent court cases. Jeff's comment is well worth reading and considering.

However, based on his bio,

http://www.useplus.com/aboutplus/coalition_dir_detail.asp?cid=104202457633

I am not sure if his opinion would carry any more weight, "stronger", or more convincing than say Oscar Michelen, Nancy Wolffe, Lisa Willmer, and the long list of other smart lawyers that have weighed in with their varying opinions on copyright law and the copyright registration process.

Remember, most of what Jeff says is in agreement with what we have said on ELI but that doesn't automatically make him more of an expert than anyone else who have discussed and argued the matter!

The reason for that is the Copyright registration process is a freaking mess and so inefficient especially when it comes to large-volume registrations.  Nancy Wolffe has attempted to nail down some image registration standards working with the U.S. Copyright Office but even that is being contested and challenged by our own Oscar Michelen!

In that regard, I am not so quick to blindly accept Jeff's statements on that front because it continues to be debated!

Oscar and I recognize that the copyright infringement battle continues to evolve and we pay attention to new court cases, new rulings to copyright infringement cases, new extortion letters, new opinions, etc.  We adjust our strategies, advice, and opinions as does the opposing side.

I always get a bit nervous when people take such a "definitive" and "authoritative" stance as if it were so black and white.  Certainly, I have been guilty of making some bold statements and opinions but I generally qualify that it is MY INFORMED & STUDIED opinion, not a "definitive" answer for everyone.

Jeff takes a very definitive tone which is disagreeable to my sensibilities even though we largely agree on most of the items he discusses. A big reason for my skepticism is part of what I consider MY ADVANTAGE is I am not pigeon-holed to a single niche or industry in my readings, studies, and analysis.

Even before I ever knew about the various court rulings that tie statutory damages to something reality-based and "actual damage" based, my own legal studies and personal legal experience is that judges tend to tie awards to something "real" not the BS 5-or-6 figure statutory damages blowhard lawyers were preaching.

That was why I was prepared to go to court on my extortion letter and represent myself. I did a mental calculation of what my losses could be vs. my win might be and I was happy to take on the challenge if I was forced to. I simply didn't believe that courts would make some insane award over a small image on a low-volume website.

Even though I don't actively discuss them on this forum, I did closely follow the Righthaven lawsuits and felt over a year ago it would tie in to what we did just like I believe the P2P/Bittorrent lawsuits also tie in to what we do. And the past RIAA lawsuits tie in here also.  I follow what happens on the software piracy front too.  I take it all in and the various "expert opinions" including Oscar's and I form my own opinion.

I am not going to say that my opinion is any better but I will say that I don't have a narrow or niche view as some do. I am not trying to brag here but I want to make the point that each of us long-timers have some really good studied opinions. Don't be so quick to give your power away.  Even I have been shaped and altered by the discussions here. I believe even Oscar has been slightly influenced over time by what we do and discover on the ELI Forums also.

I would tell anyone that to use their judgment best for THEIR situation. Yes, get "expert" opinions but ultimately each of us are responsible for the application and implementation of those opinions.

Jeff offers some great opinions and insight but I would simply qualify his writings as well-informed and well-qualified opinions, not absolute facts.

1405

Getty Images Letter Forum / Re: Pro photographer + expert witness Sedlik comments on copyright infringements

« on: May 26, 2012, 03:55:51 PM »

Copyright Services International is Glen Carner of HAN, not Carolyn Wright.

IT is a very good read and I am processing it in my mind before I comment too much.

1406

Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers

« on: May 26, 2012, 06:11:17 AM »

Seriously? One phone call and email? Not even a letter or postage stamp?

I am all for for being proactive and responsive but a phone call means very little in this situation.  What about the email?  Is this an "extortion email" or what?

You are "horrified" and "consumed with fear"? You are going to "hope" this goes away?  You said you read for 3 days?

Apparently, you still don't quite understand what's going on if you are that upset.  Might I suggest you change your attitude fast or get some help or you will get rolled over.

I am not trying to be insulting or condescending here but if you don't stop acting like a frozen deer staring into headlights, no one can help you.  "Hoping" isn't a strategy. If you need help, get the help or provide more meaningful information beside your emotional state.

There is no "collective" effort aside from this support community. There is no class-action lawsuit you can join in as people seem to keep asking.  Every recipient has the responsibility to handle their own issue in their own way. No one is going to jump in and do it for you.

You can either do the hard work to study and defend yourself or get some professional assistance. ELI provides a paid phone support service for cases and a paid defense letter program. Even with those options, there is some level of responsibility you will have to take on.

People in the past have come to the ELI Forums using it as an emotional-dumping platform as if they were seeking counseling. We have no problems with expressing anxiety, concern, anger, and all the various emotions that come with dealing with the situation. But don't come on these forums with an unempowered or helpless attitude and ZERO information to help your situation. We don't do emotional counseling here. We take meaningful action to fight back.  Or at the very least provide a good defense.

Unempowered emotional venting (crying, fear, paralysis, sleeplessness, etc.) engenders no sympathy from me. That shows lack of understanding or backbone. I won't let the ELI Forums become an emotional dumping area so that others can join in with the emotional upsets.  I nip it in the bud right away. It helps and serves no one else here but you. It hurts the overall community energy by allowing unempowered attitudes here.

The ELI Forums have always been about empowerment, knowledge, education, defending yourself, and fighting back. The unempowering and pure emotional stuff is not welcome anywhere on the ELI Forums. People who simply want to get into how the letters rule their lives and their emotional states can go post elsewhere on the Internet.

If you have a specific issue you want to talk or ask about, then state it. We will help and support you.  If you are simply lost despite all the reading you have done, just be honest. However, no one is going to type a term paper to help you because it is too much to ask.  You might have to be prepared to pay for help.

At this point I have only had phone and email contact with a woman connected with HAN and Copyright Services International. I noticed in a blog that said CSI is no longer in service. I know one of the emails I received had a CSI address. I would be interested in being part of a collective of people who are dealing with this issue. I am anticipating that I will be receiving an extortion letter soon. I was given a month to pay the "discounted" rate! When I first got the call I was horrified and have spend days not sleeping well and consumed with fear. I hope that I will not receive a letter and that this just goes away... Time will tell.  I hope this doesn't post twice.

1407

Getty Images Letter Forum / Re: DISH Skipping TV Commercials is Copyright Infringement?

« on: May 25, 2012, 02:51:23 PM »

How about a $72 Trillion Copyright Infringement lawsuit. Is that more reasonable?

http://www.forbes.com/sites/timworstall/2012/05/24/the-riaa-do-not-believe-a-word-they-say-ever-for-theyre-claiming-72-trillion-in-damages/

http://www.webpronews.com/riaa-lawsuit-against-limewire-for-72-trillion-shot-down-2012-05

http://www.webpronews.com/limewire-and-riaa-settle-for-105-million-2011-05

1408

Getty Images Letter Forum / Re: Copyright Troll and Georgia Attorney Cindy Wan-Hsin Hsu

« on: May 25, 2012, 11:38:23 AM »

The legal fee link has been updated on the starter thread. I anticipated that anything we report is subject to being taken down quickly. Hence, we do make an effort to capture screenshots before reporting on key items.

After all, our readers want to know the truth even if "they" try to bury it. We will unbury it for them.

1409

Getty Images Letter Forum / DISH Skipping TV Commercials is Copyright Infringement?

« on: May 25, 2012, 11:26:38 AM »

I know this is a bit off-topic but this goes to support my ongoing assertions that major media continues to try to bully anyone they don't approve of.

Can you believe the legal threat DISH Networks is facing from the major TV network of a copyright lawsuit infringement for building a feature to allow skipping of commercials?

http://www.scribd.com/doc/94807908/Dish-Networks-vs-Major-TV-Networks-Declaratory-Judgment-Complaint

TechDirt Article
http://www.techdirt.com/articles/20120525/04185919074/tv-networks-file-legal-claims-saying-skipping-commercials-is-copyright-infringement.shtml

Is this one of the stupidest things we have have ever heard so far?

This is an interesting legal strategy I am learning from. IN other words, Dish is asking to the courts to rule that it is NOT copyright infringement BEFORE they activate the feature instead of taking the chance of getting hit with a lawsuit after the fact.

I like that Dish Networks is getting ahead of the challenge very much. It is very smart.

1410

Getty Images Letter Forum / Re: Getty Images and scented trees update.

« on: May 25, 2012, 12:23:27 AM »

Well, dang Oscar.  Just come in here out of the blue and show everyone up with your bang up summary, why don't you?