new copyright thug to add to the list?

[Mulligan]

Jot, even if you take the images yourself, some of these copyright trolling goons and their invasive software bots will flag your images as being copyrighted by someone else, especially if the images are of clouds or ocean waves.

I have a vague recollection of someone who received a settlement demand letter over an image he/she had photographed because it was similar to a supposedly copyrighted image.

[Greg Troy (KeepFighting)]

That is an easy thing to do.  Any image that is taken by the government is public domain such as a military photographer taking a picture of a jet in flight would be, where as a photo of a tank taken by an embedded reported would not be as the reported would hold the rights to the photo once cleared for release by the military.  At least this is the way I understand it.

If you get pictures from government archives, NASA and the like they are generally safe.

Agreed, it could be that the artist has given permission for the images to be used on the government sites or they have purchased licenses for the use.  Be as sure as you can of your facts before you respond.

The fact that is available on so many state government sites is interesting.

I wonder if you reached out to the webmaster of these sites if they would share with you how they obtained them. If they just got them from an image search, it may be nice to warn them that a troll is a'comin'. But wouldn't it be ironic if they got them from some sort of compilation CD-ROM for 50 bucks.

If the image in question is on government sites, whether it be municipal, county, state or federal, the image would be considered in the public domain and can not be in in copyright violation.  Capture screenshots of the image on the government website(s) and inform them of the fact the image is in the public domain the next time they try contacting you.  If they keep trying to press the matter, they will lose.

I'm not sure this is 100% accurate.. this site http://www.fishesoftexas.org/taxon/lepomis-megalotis credits the artist. I think if the image is created by the government entity, it is public domain, thats not to say that government site can't or don't use other images.. I would be weary of grabbing just anything from a government site.. refer to this thread for some PD image resources:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/list-of-public-domain-stock-footage-companies/

I stand corrected.  I was under the impression that any images on a government web site were in the public domain from what I had read earlier and upon further examination, I have found out this is not true.  I suppose the only true way to be sure of using an image on a website that will not violate anyone's copyright is to only use photographs that were taken by yourself.

Think I am going to stick to posts about security settings and computer networks as that is where my expertise is.  Still learning all of this copyright law stuff and the more I learn, the more I feel I don't know.

[stinger]

I thought we had a thread on here about companies, like Getty, taking NASA photos and making them available on their site for a charge.

I don't remember if they tried to troll users of those photos.  Does anyone else recall?

When Greg says these photos are safe, I think he means you shouldn't lose a lawsuit over a NASA image.  That doesn't mean some troll won't say you stole their photo and demand $1200 for it.  They can choose to hassle anyone.  It is just a lot easier to tell them to go pound sand when you know the photo was taken by the government and not a photographer.

[Greg Troy (KeepFighting)]

There are several instances where this has happened.  I think this is the tread you are referring to:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/don't-pay-getty-thank-you-eli/

There is also a letter in the Attorney General's complaint letters that Robert obtained for us where Getty tried going after a guy who had a picture of an F-16 taken by a military photographer on his site.  He told Getty this as well as it was included in a template he got.  Getty didn't care and told him to pay, he complained to the AGs office as well as to Intuit who supplied the template.     Intuit replied back that they would handle it and low and behold when a large company gets involved with a large legal staff things happen at Getty.  Getty sent a letter to the AGs office stating that you don't need to worry about this complaint as they were happy to announce they were no longer pursuing the case.  Image that

http://www.scribd.com/doc/104557917/Getty-Images-Attorney-General-Complaint-19

[stinger]

So the moral of the story is ... you gotta be careful using public domain or government photos unless you have a big company behind you.

Thanks for helping track that down, Greg.

[whiteoak]

I just received the same letter.  Images were used from a CD that was purchased online.  Had no idea they  involved copyright.  My patent/copyright attorney will be contacting this Mustoe character next week....stay tuned! 

[whiteoak]

Appreciate this sight as I'm sure many do.  I will contribute funds in support of this sight in the near future.  Gives us peace of mind and much valued info.

[mdc2727]

Keep us posted and good to see you fighting back.

[Cranky Fish]

second page had invoice for settlement..Robert you are da man!!

My response to email and other responses....

Dear Mr. Mustoe:

Upon reviewing the photos in question I have came to the following conclusion in regards to the alleged copyright infringement:

·         There is no possible way that any damages could have been done towards Mr. Tomerellis works over the alleged photos. I see this month that you settled with an individual who was reselling his works and also printing them on goods. I understand your case for a a fairly large sum on this case. Our site made only around $12 in its full existence. Zero dollars came from the alleged photos in question.

·         I could not verify 2 of the alleged copyrights to said to have been registered via the link you sent me for research.

·         Once again if any of these alleged photos were used it was %100 innocent and with no mal intent whatsoever.

·         I also found these same works with no copyrights stated at the following sites that you may want to investigate. These are government sites with no statement of copyright on any page for the images.

 

http://www.fs.fed.us/r6/fishing/forests/fishresources/mtbsno_warmwater.html

http://fishgame.idaho.gov/ifwis/fishingplanner/htm/Bluegill-Pumpkinseed-Sunfish.htm

http://www.kdwpt.state.ks.us/news/Fishing/Fish-ID-Gallery/GREEN-SUNFISH

http://www.fishesoftexas.org/taxon/lepomis-megalotis  (creative commons)

 

As stated before your value for the alleged images is nowhere close to market and I see no evidence of web images sold by Mr. Tomerelli for any amounts, only prints.  I feel like my previous offer was very reasonable, but I am willing to offer double that ($200.00) to settle this matter. The money can be sent today if you wish via PayPal.

Kind Regards,



His response..

The United States Congress disagrees with you.  17 USC Section 504 creates a minimum damage of $750 per image and a maximum of $30,000 plus attorneys fees.  So the recoverable damages in this case are probably 50 times the settlement offer.  You can take the risk of trial if you want.  But you also have until tomorrow to get the $1,000 to us if you want to resolve this for an amount far under the statutory fine amount.  Depositing the check into the mail by tomorrow meets the terms of the offer. 

 
My final emails ...

Dear Mr. Mustoe,

I have been advised to no longer correspond with you via email. Any correspondance you have for me please mail in letter form. All emails from your address will not be responded too.


Response

Your choice; as it is Mr. Tomelleri's choice to sue.  If the advice is from counsel, please provide the name of counsel.

I just joined this forum after reading your thread on Mustoe and Mr. Tomelleri because I too am trying to deal with a demand letter and huge invoice from Mustoe.

I had on my two websites 7 of Mr. Tomelleri's fish, all very poor quality, some flipped. The first notice I received was when my websites were suddenly taken down by a DCMA notice to my hosting back in May. Last week I received a settlement invoice for one of my websites; I am sure another letter is forthcoming for the other website.

I used fish pictures from state and federal government websites with the assumption they were copyright free. I have no idea where the ones I had came from because a year and a half ago I was new to website design and didn't diligently source my images-I do now! All I know is I never intentionally took his images. And to make matters worse, I could never find where I got them because he has ordered so many to remove his images. I talked to someone in his office back in May that said not to worry, the images are all over the internet and on a lot of government websites.

Anyway, I am freaking out. I have no money to pay them, no money for a lawyer, and no desire to pay this extortionist. I have not made squat from my websites, they are purely educational and the little that comes in goes back out to Google for advertising or hosting. And I'm unemployed so they are going after someone with no income or assets.

I thought all of you would be interested in the tid-bit I just found on Mr. Tomelleri from 1998 where he granted a company permission to use his images then he later sued them for $1,000,000. So Mr. Tomelleri has a history of suing people for his images. http://www.sdbar.org/Federal/1998/1998dsd033.htm

If anyone fighting this company can keep us all up to date on dealing with these trolls, please do. I can't afford a lawyer so you're my only resource. Thanks all.

[Greg Troy (KeepFighting)]

Welcome to the forums Cranky Fish.  I suggest that you start by reading the forums as they contain a wealth of information you can use to defend yourself from these copyright trolls.   I have found that a complaint letter writing campaign worked well for me and has made Getty Images back off and leave me alone.  I have detailed what I have done along with all correspondence between Getty and myself as well as all complaint letters and responses and made them available in this thread.
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/
I would start reading and ask questions if there is anything you don’t understand or specific information you are looking for but have not been able to find. 
You may also wish to consider a support phone call with Matthew as he can bring you up to speed quickly. 

[Robert Krausankas (BuddhaPi)]

Actually crankyfish,you are really not in that bad of a position, being broke with no money can really be an asset in these situations..can't get blood from a stone...use it to your advantage!

[mdc2727]

Be calm cranky fish.. And really read the forums and educate yourself. I shared my letter on here and would be curious if yours is similar to mine.. Consider sharing it on here so everyone can help you out..Robert once again makes a great point...

[whiteoak]

Good to meet you Cranky Fish.....I too...Like you and "mdc" got the same letter.  This started back in the spring of 2012.  I have a fishing site and posted a "species"  tertiary web page (educational content only) on my site.  Mustoe is now bugging both me and my associate guide concerning 14 images that I got off a CD and a few government sites.  The copywritten images that were posted were unintentional but that means nothing in this game. I have not responded to Mustoe!  We all should ban together on this...this is extortion at it's ugliest.  I have a family member who is one of Apple's top patent attorneys and I will seek his council this week.  I'm going to fight this....please join me!

[mdc2727]

Right there with you WhiteOak..Let me know of his advice. I have shared most of my advice on here..consider adding your letter to the forum as I have done.

[whiteoak]

mdc, My letter is an exact duplicate of yours....Mustoe probably sends hundreds of them out with invoices attached.  The "scared sheep" and misinformed are the ones that open their check books, filling extortion troll Mustoes pockets.  It's a real shame and total outrage!