Sorry for the length of this reply but I thought it would be useful for you to get the whole story. Here are the details so far:
On Nov 2, 2011 I received this email with the demand letter attached as a pdf document. It was sent to the contact us email address on the website which is forwarded to me as well as the business owners. Since I do this web site for free it's registered in my name and I provide the hosting also. It was sent from a gmail account called cpmlegalteam and signed by Robert? It seemed so unprofessional that I immediately suspected that this was a scam.
To Whom It May Concern:
Please see attached our demand letter to cease and desist using our client's copyrighted material on your website, ********************.
Please contact us immediately to resolve this issue.
Sincerely,
Robert
CPM Legal
866-***-***This was quite upsetting and scary. I immediately removed the image and deleted the file from the server etc. Two days later I responded via email:
As you requested I have deleted the image files in question from the website and backup computer.
I originally found that image via a Google search and there was no indication that it was copyrighted material or I certainly would not have used it. I was not using the image file that you noted in the letter but a low resolution 2" thumbnail.
The image was not used in any way to generate business. It was used to call attention to a public service page on how to clean you pet that was sprayed by a skunk.
I am an amateur web designer and I created and maintain this website pro-bono, as a friend to the owners of the very small and local dog grooming business, European Dog Grooming.
If that image file is indeed copyrighted I apologize to your client for any inconvenience it might have caused.I received this reply from Robert - whoever Robert is?
Mr. *******:
Thank you for your letter.
The following is a brief response to the points in your email:
First, the image you used on your website was NOT in the public domain. The concept of "public domain" is a legal question. An image becomes apart of the public domain only after 70 years after the death of the author. If you did not purchase or create the work (e.g. text, photograph, image, picture, sound recording, etc.) then it is a copyright infringement and illegal to use the image without permission of the owner. Google only searches websites and organizes information and images for the searcher. These images may NOT be used by anyone without the permission of the owner.
Second, it is not important whether or not you had the intent to violate the copyright of our client.
Intent is not an element in proving liability under copyright law. Also, it is irrelevant why or how you used the image because the simple display of the image on your website subjects you to liability under copyright law.
Finally, all of the elements of a copyright infringement exists regarding the use of our client's property on your website. The owner of the image and holder of the copyright hired our law firm to demand that you cease and desist use of the copyrighted material AND secure a monetary settlement amount of $2,245 for the wrongful use of her property without authority.
We strongly advise you to resolve this matter immediately to avoid additional attorney fees, other expenses and court costs that will be assessed to you.
Please contact us 866-431-6520 to settle this matter or have your attorney contact us.
Sincerely,
Robert
CPM Legal
866-431-6520At this point, being quite worried and upset I mulled over my options. So, first I called my personal home insurance agent to inquire whether or not this sort of thing is covered. They had me actually file a claim. I sent them the demand letter and explained my situation much as I explained above. In a about a week, I received a 5 page letter sent by certified mail explaining why I was not covered by my policy. So much for that. So, next I contact a lawyer who we have used in my business from time to time. He agreed to review this. He came back with what he felt were my options: Pay the $2245 or negotiate a lesser sum or for a fee somewhat more than Oscar is charging, hire him to write a letter or do nothing a wait to see if they actually file a lawsuit and then deal with it.
I wasn't about the pay the extortion. Dealing with them felt dirty since I felt that this was a scam.
The letter seemed somewhat inviting since it would get them off my back but the lawyer wanted more than I felt I could afford and besides this lawyer is a general lawyer with little or no experience in copyright law.
That's when I went to the web. I looked up the CPM lawyers on the state bar sites and found that they were real. Then I came across Matt's blog on his business website that described what had happened to me exactly. With some of the knowledge gained from Matt's blog, I responded to Robert (whoever he is?)
Robert,
A few points.
1. The image I downloaded is called Skunk Babies.jpg not SR-VA001301433-Skunk002. I tried to find that image on your client’s websites and could not locate it. (I was looking in the HAN websites here)
2. You have not sent me proof that your skunk image is copyright. Prove to me your client is the true owner and show me proof of copyright including all the properties of the image.
3. On the web there are scores of sites, maybe 100’s around the world that have this same skunk image on them. None that I saw have any copyright information on them.
See: This following link shows scores of sites that have this image. Almost every one of these goes to different web site.
http://www.google.com/search?q=baby+skunks&hl=en&gbv=2&imgrefurl=http://pixdaus.com/%3Fsort%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
4. Because I downloaded this image from some 3rd party site and did not know the image was allegedly protected, infringement, if any, was not willful hence I am not liable as you claim.
First send me the proof of copyright and we can proceed from there. Now three weeks went by and I thought maybe they gave up on me because I just wasn't going to send them money. But on December 30, 2011 I got this signed by Mr. Martinen himself. Attached was page 1 of the so called copyright registration form:
Mr. ******:
1. The title of the image that was copyrighted includes the copyright number "SR-VA001301433." A *.jpg name can be changed for marketing purposes but it remains the same image.
2. Please find the image on our client's website at: Wendy Shattil
3. We have hundreds of enforcement cases regarding this one image as well as many others of Ms. Shattil. A copyright holder must enforce the copyright or risk losing the protections a copyright affords the holder. Many times those who infringe on copyrights will photo-shop the copyright information off the image. As you see on the website link in point #2, the copyright information is on the image. Whether or not you took the information off the image or someone else, the use of the image without a license from the artist is an infringement.
4. In the event that you had no intent on violating the DCMA rights of our client by altering the image, then without more proof we will not pursue this cause of action. However, through your website you have infringed on our clients copyright and we have the obligation to enforce it by seeking monetary damages. We do this by settling for a past use license and release of liability with no right to use the image in the future.
5. Please see the copyright registration form under CR# SR-VA0001301433 attached. Below is the copyrighted image cataloged under the copyright registration number with the US Copyright Office.
Contact us at 866-***-**** to settle this matter.
Sincerely,
Christian Martinen, Esq.
CPM Legal
***-***-****
Finally going back to the web and Matt's blog I discovered ELI. I contacted Matt, sent him all the above info. He posted the letter and registation form and that is it to date.
I had some other thoughts.
I actually called the Attorney General's office in my state and had a long talk with a very nice women. Her suggestion was to report this to the FBI via a website
www.ic3.gov (Internet Crime Complaint Center).
Contact Call for action lines on local TV stations or newspapers. Ms. Shattil might not like it if the Denver Post ran an article that one of Denver's favorite photographers is engaged in a scam.
Do any of you think that there is any sense in appealing to Mr. "Random acts of Kindness" Martinen's sense of ethics. Do you think he might be unaware that he is one of many lawyers hired by HAN over the years to pull this extortion on people?
Awaiting your comments.
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