new copyright thug to add to the list?

[Robert Krausankas (BuddhaPi)]

Received this via the ELI Facebook page, I'm hoping t get the actual letter along with more details..
It's worth noting that the linked thread has none other than copyright troll attorney Carolyn Wright ( photoattorney.com) commenting on arguing "innocent infringement"....Has photo attorney Carolyn Wright switched sides, os she just plain money hungry and a complete hypocrite???    You be the judge..loooks to e she will play both sides as lng as money come in the door..so much for principals and or morals...


"You can also add Artist Joseph Tomelleri and Steven Mustoe Lawyer to your list... Got letter from them and many others have also..here is a link from a forum talking about them I tried to join your forum 3 weeks ago with no success..used email xxxxxxx.com and also tried [email protected] in case you did not take yahoo emails....

https://www.naturescapes.net/phpBB3/viewtopic.php?f=38&t=225296

[Robert Krausankas (BuddhaPi)]

Apparently someone does not like "Fish Artist" Joseph Tomelleri, to bad they are not using this to the fullest potential..

http://josephtomelleri.com/

[Greg Troy (KeepFighting)]

That was an interesting read and it does seem Carolyn E. Wright is willing to play both sides as long as it pays. As for the second post, that is too funny and someone certainly does not like Joseph Tomelleri.

[Mulligan]

... Carolyn E. Wright is willing to play both sides as long as it pays...

Unfortunately, as usual, it's all about the money. That's especially true with lawyers, in my experience. Many lawyers are as bad, if not worse, as politicians. Oh wait, most U.S. politicians are lawyers, too, aren't they?

[cstockwell]

ahem...present company excluded Oscar. 

[mdc2727]

Glad to be part of the forums .... Typical extortion letter ,,wanted $1500 for 3 images....Sent letter using advice found on here and he then offered $1000. Offered $200 and then threatened that it would cost me around $100,000 plus attorney fees..That site is hilarious..Glad to know I am definately not the only one. If it goes to trial case would have to be at my nearest Federal district court ..Is that correct? Use was %110 unwillful .

[Robert Krausankas (BuddhaPi)]

Glad to be part of the forums .... Typical extortion letter ,,wanted $1500 for 3 images....Sent letter using advice found on here and he then offered $1000. Offered $200 and then threatened that it would cost me around $100,000 plus attorney fees..That site is hilarious..Glad to know I am definately not the only one. If it goes to trial case would have to be at my nearest Federal district court ..Is that correct? Use was %110 unwillful .

Welcome to the forums!

Yes you are correct, IF a suit was filed they would need to come to you. Were the images even registered? I would look into this first and foremost.. Please do consider sharing your letter with us, as this is a new troll who apparently is looking for a little extra attention! 

[mdc2727]

Found many holes in their case on my own ,but going to a Local lawyer for a consult this week. Do not want to give out too many of the things I have found out,but many were thanks to this forum. He must have really made someone mad , there are 2 very funny webpages setup about him..

[mdc2727]

Will do Robert..Will get scanner going by Wednesday...One appeared to be registered..The others may be part of a bulk registration (or collection)..

[Greg Troy (KeepFighting)]

Yes mdc2727, welcome to the forums and Robert is spot on and what he told you. Looking forward to reading your letters and please do keep us posted as to your progress.

[mdc2727]

What about the photos being copyrighted in bulk or a collection...

[Robert Krausankas (BuddhaPi)]

What about the photos being copyrighted in bulk or a collection...

That could be a bit more complicated, it would depend on exactly how they registered it..refer to the chaga case, to see how NOT to register images..

[mdc2727]

Copy of letter..scanner of the fritz..will try and get better copy soon

[mdc2727]

My response to the letter


To Whom It May Concern:

Thank you for your letter dated November 13, 2012 notifying me that my website  &&&&&&& may be in violation of an image copyright allegedly represented by Joe Tomelleri.This site was a less than year old blog that was created to showcase my friends videos and his love of fish. He is very similiar to Mr. Tomelleri in his love of fish. Matter of fact it would be great to have him as a guest in TN to help identify some fish or go noodling with us.

I assure you that if the alleged copyright infringement did take place, that it was entirely innocent and unwilling. As a good-faith gesture, and until this matter is definitively resolved, I have removed The Image entirely from  &&&&&&&&&& and I am currently rebuilding the site, while admitting no guilt or wrongdoing but to close this matter,I am prepared to make a reasonable compensation offer based upon well established stock photo market conditions.

The fair market price for an largemouth bass photo is between $2.99 to $25.

Examples:

http://www.gettyimages.com/detail/illustration/largemouth-bass-royalty-free-illustration/75491542

$25

http://www.istockphoto.com/stock-photo-11410970-largemouth-bass.php

$12

http://www.bigstockphoto.com/image-7891478/stock-photo-fingerling-largemouth-bass

$2.99

http://images.google.com/imgres?q=largemouth+bass&hl=en&tbo=d&biw=1024&bih=649&tbs=sur:fmc&tbm=isch&tbnid=dVRyTgH8yjDN1M:&imgrefurl=http://www.public-domain-image.com/fauna-animals-public-domain-images-pictures/fishes-public-domain-images-pictures/bass-fishes-pictures/largemouth-bass-fish-art-work-micropterus-salmoides.jpg.html&docid=OXXXX-gEInElXM&imgurl=http://www.public-domain-image.com/cache/fauna-animals-public-domain-images-pictures/fishes-public-domain-images-pictures/bass-fishes-pictures/largemouth-bass-fish-art-work-micropterus-salmoides_w725_h470.jpg&w=725&h=470&ei=cUqwUKBrhPjzBMyhgZAO&zoom=1&iact=hc&vpx=377&vpy=192&dur=4639&hovh=181&hovw=279&tx=190&ty=135&sig=112780277147546246853&page=1&tbnh=135&tbnw=219&start=0&ndsp=11&ved=1t:429,r:2,s:0,i:167

Free


http://commons.wikimedia.org/wiki/File:Largemouth-bass.jpg

Free


For the Sunfish between $2.99 to $6.00

Examples:

http://www.bigstockphoto.com/image-33137153/stock-photo-sunfish

$2.99


http://www.istockphoto.com/stock-photo-13292621-sunfish.php?st=9d32f02


$6.00

http://commons.wikimedia.org/wiki/File:Bluespotted_Sunfish.jpeg

free


http://images.google.com/imgres?q=sunfish&num=10&hl=en&tbo=d&biw=1024&bih=649&tbs=sur:fmc&tbm=isch&tbnid=gRA4rA2_frrLuM:&imgrefurl=http://www.public-domain-image.com/fauna-animals-public-domain-images-pictures/fishes-public-domain-images-pictures/longear-sunfish-lepomis-megalotis.jpg.html&docid=Gt4mjfGw5x8r_M&itg=1&imgurl=http://www.public-domain-image.com/cache/fauna-animals-public-domain-images-pictures/fishes-public-domain-images-pictures/longear-sunfish-lepomis-megalotis_w725_h440.jpg&w=725&h=440&ei=WkuwUN_RMYf29gSj8IGACQ&zoom=1&iact=hc&vpx=12&vpy=197&dur=355&hovh=143&hovw=223&tx=112&ty=92&sig=112780277147546246853&sqi=2&page=2&tbnh=137&tbnw=212&start=15&ndsp=7&ved=1t:429,r:15,s:0,i:203

Free

Based upon hundreds of easy to identify comparables, I calculate the fair market price for a small image to be no more than $25 for a largemouth bass and $6.00 for the sunfish. Even prior to determining if the alleged infringement actually occurred, I am willing to offer $100.00, or almost 4-times the fair market price of the images, just to amicably and expeditiously close this matter for myself and Mr.Tomelleri.I would also like to offer to develop a page on the site to promote Mr.Tomelleri and his art if he would like.

Needless to say, your $1500 settlement demand amount for the alleged infringement -- which is over 150-times the fair market price -- is ridiculously exorbitant based upon overwhelming market conditions.

If you chose to reject the above offer, I ask that you provide the following information to establish more details of the images and to further support your settlement demand amount:

Please clearly establish the market value of The Image in your estimation. Please provide sales data of the images at that price point and at the small size for placement on a secondary page, below-the-fold.I see no reference to that in the site you refered me too..http://www.americanfishes.com. There are some very rare original photos that sell for $500.00 each.

Please detail your calculation of this case’s share of the “costs incurred related to the pursuit of the alleged unlicensed use”.

If you chose to reject my reasonable offer of settlement, I will expect and require the above information before proceeding further. As well, upon your rejection and if warranted, I will gladly retain legal counsel experienced in US copyright law to help us resolve this matter fairly.

Thank you again for notifying me of this alleged infringement. Personally, I am a long-time outdoorsman and admire the work Mr.Tomelleri has put in. As a content creator, I respect and appreciate the importance of the fair and reasonable application of US copyright law.

I hope you find my settlement offer adequate to close this matter prior to both parties investing more time during the holidays and resources to determine if the alleged innocent infringement did indeed happen.

Sincerely,

[mdc2727]

His email response..will post other responses later..

US Copyright law permits damages of $750-30,000 per image; more if willful.  The court will also likely award attorneys fees.   So the possible claim here exceeds $100,000.00.  You can argue the facts if you want, but the only fact that matters is the unauthorized use of a copyrighted image.  But I talked to Mr. Tomelleri and he will reduce your invoice to $1,000 if received before December 7, 2012.