Carolyn E. Wright's Photo-Attorney Extortion Letter Taken Down by Scribd

[Matthew Chan]

Earlier today, I received a notification from Scribd indicating that "someone" has claimed that ELI inappropriately posted "Carolyn E. Wright's Photo-Attorney Settlement Demand Letter."

As with all our other letter postings, we do so in the interest of open reporting and providing commentary on the extortion letters.  Further, the copies of these letters are actual business correspondence that letter recipients legitimately receive and freely submit to us with full authorization for open sharing. These business correspondence are not registered with the copyright office as far as we know. Additionally, even if they were, we post them for the purpose of public commentary which is allowed under "fair use".

I do not yet know who submitted the DMCA takedown notice to Scribd but I have asked for a copy of the original complaint.  I suspect that someone doesn't want the public to know or read the contents of that letter.

Carolyn E. Wright of Photo-Attorney has fallen off our radar for a while now since the $9,000 extortion for 1 image.

With the precedent set by a female Canadian Lawyer, we will once again reinstate and engage with "2-for-1 specials".  This goes beyond "an eye for an eye". Each time an attempt is made to attack, suppress, and hide ELI's open reporting efforts of extortion letters, there will be TWICE the coverage of the content being removed and the person who committed this time-wasting, offending, and harassing act.

Currently, it looks like Carolyn E. Wright of Photo-Attorney is the star of the moment.

I fully expect to be filing a counter-notification letter soon.
=========================

Hello, extortionletterinfo --

We have removed your document, "Carolyn Wright's Photo-Attorney Settlement Demand Letter" (id: 61479994) in response to a third-party notification or other indicia that this document was uploaded to Scribd.com without the authorization of the copyright owner. If you believe the removal of this document is the result of a mistake or misidentification, please visit our Scribd Support Desk to access the instructions for providing a counter-notification.

For more information, read about our Copyright Management System or contact us through copyright@scribd.com.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that content was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce our policy that provides for the termination of users who are identified as repeat infringers.

Thanks for your cooperation.
-Scribd Customer Care

P.S. You can always fine-tune which notifications you receive or opt-out completely.

Scribd Inc., 539 Bryant St., Suite 200, San Francisco, CA 94107, USA

==============

Updated: February 29, 2012

*** BEGIN ORIGINAL DMCA NOTIFICATION ***

February 27, 2012

Scribd, Inc.
Attn: Scribd DMCA copyright infringement notification
539 Bryant St.
Suite 200
San Francisco, CA 94107

Via email to copyright@scribd.com

Re: Scribd DMCA copyright infringement notification

To Scribd, Inc:

Infringement of my letter/writing has been found here:

http://www.scribd.com/doc/61479994/Carolyn-Wright-s-Photo-Attorney-Settlement-Demand-Letter

The letter has been posted without permission.

This email is official notification to you under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified posting and prevent the infringer from posting the infringing items to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photographs upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. The information provided here is accurate to the best of my knowledge. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter. Thank you.

Sincerely,

/s/ Carolyn E. Wright
Carolyn E. Wright
PO Box 430
Glenbrook, NV 89413
photoattorney@gmail.com
775.588.5147 ph
775.588.5961 fax

*** END ORIGINAL DMCA NOTIFICATION ***

[Matthew Chan]

The ELI Defense Team has gone to work to digging into Photo-Attorney Carolyn E. Wright's records. This is what we have found so far (thanks to Buddhapi) on her besides the $9,000 extortion on behalf of Ryan McGinnis for 1 image.

The Georgia Bar reveals the following:

Ms. Carolyn Esther Wright
Company: Law Office of Carolyn E. Wright, LLC
Address: P.O. Box 430
Glenbrook, NV 89413
Work Phone: (775) 588-5147
Email: photoattorney@gmail.com
Admit Date: 6/16/1992
Law School: Emory University
Status: Active Member in Good Standing
Public Disciplinary History: None on Record

The Nevada Bar reveals the following:
http://www.nvbar.org/lawyer-detail/1493

The Washington State Bar reveals the following:
http://www.mywsba.org/default.aspx?tabid=178&RedirectTabId=177&Usr_ID=36076

The California State Bar reveals the following:
http://members.calbar.ca.gov/fal/Member/Detail/263960

=============

Georgia's Certificate of Organization for "The Law Offices of Carolyn E. Wright "
http://corp.sos.state.ga.us/imaging/12952320.pdf

Nevada's listing of her law office is:
http://nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=KXyx3ak26QipqDyPc1OEEw%253d%253d&nt7=0

============
According to the Georgia State Bar, Carolyn Wright's partner Evan Andersen looks to be a young, newbie lawyer.

Mr. Evan Andrew Andersen
Company: Law Office of Carolyn E Wright LLC
Address:P.O. Box 250208
Atlanta, GA 30325
Work Phone: (404) 496-6606
Fax: (775) 588-5961
Email: eandersen@cewrightlaw.com
Admit Date: 11/14/2008
Law School: Wake Forest University
Status: Active Member in Good Standing
Public Disciplinary History: None on Record

[Robert Krausankas (BuddhaPi)]

I've known for a long time that Carolyn Wright is well respected among photographers, and I also know why..she is a professional photographer herself, and as being one of the "family" as it were, she published the "Photographers Legal Guide" as well as offering form templates for photogrpahers.

She has also been associated with Hawaiian Art Network. I will be digging thru all cases that were filed, and report back any interesting tidbits.

[SoylentGreen]

...hmmm...
I thought that we were rather gentle when it came to Carolyn Wright on the forum.  So this is an interesting turn.
But, yeah.  The copyright trolling business has a bad name, and you can see that nobody wants to be associated with it.
Even if they make a full-time living at it.

Unless she's doing this for "free PR".

Anyone else notice the similarity between Carolyn Wright's logo, the "Aperture Labs" logo and the "Picasa logo"?
Probably not enough to cause legal problems, but I thought that she'd be more "original", being such a "crusader" and all.

S.G.

[Matthew Chan]

We are almost always "gentle" with people and cases we don't hear from again.  Those posts and discussions simply fall away and die off until they get revived again.  And the folks at Photo Attorney did a tremendous job on reviving their whole $9K for 1 image incident as well as draw attention to (what I currently believe until proven otherwise) a frivolous use of the DMCA complaint process.

These takedown notices are a real time-waster for me and they are simply frivolous and unfounded and the people know this! I consider this a direct attack on ELI.

They may be lawyers but they don't know the first thing about PR and acknowledging the very letters they send out. Instead, they try to suppress and hide the very letters they issued out of sheer embarrassment. 

Let us also take note that Evan Andersen is the newbie lawyer who signed off on the Photo Attorney Extortion Letter.

Copyright trolls should take heed that ELI will continue to aggressively hit back HARD any party that attacks ELI's ability to continue open report on this matter.

...hmmm...
I thought that we were rather gentle when it came to Carolyn Wright on the forum.  So this is an interesting turn.
But, yeah.  The copyright trolling business has a bad name, and you can see that nobody wants to be associated with it.
Even if they make a full-time living at it.

Unless she's doing this for "free PR".

Anyone else notice the similarity between Carolyn Wright's logo, the "Aperture Labs" logo and the "Picasa logo"?
Probably not enough to cause legal problems, but I thought that she'd be more "original", being such a "crusader" and all.

S.G.

[Matthew Chan]

Scribd just provided me a copy of the original complaint and it has been included as part of my original opening post. Enjoy.

I see a DMCA counter-notification letter in the near future.

[Robert Krausankas (BuddhaPi)]

So how can she claim to own the copyright, when she didn't even sign it??

The "FREE PR" train is rollin.....

[Matthew Chan]

My customized DMCA Counter-Notification Letter Against Carolyn E. Wright has been submitted and posted:

http://www.scribd.com/doc/83262483/Scribd-DMCA-Counter-Notification-Letter-Against-Photo-Attorney-Carolyn-E-Wright

The text is below:


February 29, 2011

Scribd, Inc.
Attn: Jason Bentley, Copyright Agent
539 Bryant St, Suite 200
San Francisco, CA 94107
FAX: 415.896.9896 (Attn: Scribd DMCA copyright infringement notification)

Dear Mr. Bentley:

We regret that a DMCA complaint was made to our account and that you and Scribd have to take time to deal with this matter. While we are not perfect, I can assure you we strive to be good and compliant online citizens with Scribd and every online service we utilize.

This letter is a formal response to a claim of copyright infringement against one of the documents (id: 61479994) by Carolyn E. Wright (http://photoattorney.com  and http://cewrightlaw.com ) that we uploaded and published on Scribd.com. I believe the claims of copyright infringement are inaccurate and should be rejected because:

The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.

Because of the nature of the material being reported, I have strong belief that the original complainant (who is a copyright lawyer herself) did not simply make an honest error but has knowingly and willfully filed a false DMCA complaint. Unfortunately for her, she has now potentially exposed herself to liability as described in 17 USC 512(f).  That liability (as a result of her own actions) could damage her ability to practice law in states she current has a law license in including: California, Georgia, and Nevada.

As the original complainant knows and can easily verify, the disputed document we shared on Scribd was sent/delivered by one of her law associates, Attorney Evan Andersen as a legitimate and legal business communication to the original, intended recipient.  That recipient was within their full rights as the intended recipient to provide their copy to us or anyone else for the purpose of open reporting and commentary of the letter’s contents, its structure, appearance, and messages within that letter.

To our knowledge, Carolyn E. Wright has not registered that business communication letter with any legitimate copyright registration service. And even if by some slim chance she did, she should know that the provision of “fair use” appropriately applies in matters of open reporting and commentary which our Scribd account and our website is clearly dedicated to. As a copyright lawyer herself, she should realize she could be held to a higher standard of knowledge and conduct.

Further, this counter-notification letter will be openly shared and posted to inform her and others that we will not tolerate persistently abusive and illegitimate DMCA complaints against our online accounts (and consequently damage our online reputation) with Scribd or any other online service.

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law. I also understand that you will provide a copy of counter-notification letter to the original complainant.

Further, according to 17 USC 512(f), any person who knowingly misrepresents that material is infringing shall be liable for any damages, including costs and attorneys’ fees incurred by me and other related parties as a result of removing or disabling access to hosting services or other materials claimed to be infringing or in replacing the removed material.

As further warning, any future inappropriate and frivolous filings against our Scribd (or any other online account) could result in a written complaint submitted to the State Bar of which she practices.

I ask that Scribd, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).

My name, address, and telephone number are:

Matthew Chan
1639 Bradley Park Dr.
Suite 500, PMB 110
Columbus, GA 31904
Phone: (762) 359-0425

I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside. I agree to accept service of process from the complainant.

Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the original complainant of this notice, and restore the material in dispute.

Respectfully,
 
Matthew Chan

[Robert Krausankas (BuddhaPi)]

I wonder why scribd has not restored this content, it has been 20 business days sine Matthew issued the counter notice, perhaps it fell thru the cracks at scribd, as they are usually pretty good with these...

[Matthew Chan]

It is entirely possible a lawsuit might be in process of being delivered to me. If that happens, I will let everyone know ASAP.

I would like to think that this is just a simple oversight on Scribd's part. I have emailed Scribd to find out the status of this document.  Thanks for the reminder.

I wonder why scribd has not restored this content, it has been 20 business days sine Matthew issued the counter notice, perhaps it fell thru the cracks at scribd, as they are usually pretty good with these...

[Matthew Chan]

It appears to be a clerical oversight by Scribd.

Photo Attorney Carolyn E. Wright's extortion letter has been restored by Scribd.

Another successful DMCA counter-notification letter in the ELI file.

[Oscar Michelen]

Yeah Matt. nice job!

[Greg Troy (KeepFighting)]

Way to go!

Thank you all for continuing the fight and keeping these resources open and available to us.

[Hejira13]

Carolyn E. Wright's law firm surfaces again in another case of big$$ being demanded.

JoniMitchell.com, run by Les Irvin, a fan of the great singer-songwriter and artist, has posted @ http://jonimitchell.com/justice.cfm news of Wright's firm representing a photographer, Charlyn Zlotnik, seeking between $25,000 and $600,000 for four images posted to the site by a fan, and which were removed as soon as Mr. Irvin was contacted.

What was the outcome of the earlier demand by Wright's firm for $9,000 and/or any related cases? What precedent is there for this sort of thing?

NB for the record, Leslie J. Burns is who's signed the letter in this case

[Robert Krausankas (BuddhaPi)]

Please refrain from cross-posting in the future.