CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network

[milosron]

This morning, I noticed something about the baby skunks image in question.  The image sited and reproduced in the CPM Legal letter to me, and the one we see in 100 of places on the web, shows the tail of the skunk on the left curved to the left.  As pointed out by mcfilms  (thank you so much), others claim copyright to this image.  See http://www.saveauburntrail.org/mammals for example.

The image on Ms. Shatill's website is a bit different: http://www.dancingpelican.com/store/product_info.php?products_id=66.  Note - The tails on both skunks are straight up. I could not find any other baby skunk images on her website.

What to you think about that?

Ron

[Robert Krausankas (BuddhaPi)]

Just like they accuse you of removing copyright information, they would probably state, that it is their image and that it was altered / photoshopped. Just like Getty told me when I produced the license for images / templates that were purchased well over 10 years ago.." Anybody could have created this license"..

[Jerry Witt (mcfilms)]

milosron -- That's a "bingo"! Although probably taken seconds apart, they are not the same image. There is one that has the photographer's copyright burned into it and (supposedly) has been registered. And then there is the image all over the internet on hundreds of sites (including one that claims copyright on that image -- be sure to get a screenshot of that).

You've gotta fight this one. Although I am willing to bet they will not go to court over this.

[milosron]

Referring to http://www.saveauburntrail.org/mammals, I wonder where they got the baby skunks image which looks like the bottom was cropped off and how they claim the copyright?  I don't want to get others in trouble over this.  I am hoping that exposing this demand letter practice would save others from receiving one, not inviting one for them.  That website is a do good site after all.

[Jerry Witt (mcfilms)]

I understand not wanting to involve them. But it is part of your defense. Why not contact them and ask where it came from and also inform them of the copyright troll activity? You may be helping them.

[milosron]

OK, I did contact him and warn him.  We'll see what information he can provide.

[Peeved]

Personally Ron, for your defense, I would take screen shots of EVERY PHOTO that you can find on the net using this image which does NOT HAVE the copyright information on them. Make sure the DATE is showing in all of your screen shots. Print hard copies and keep them ready to go! This will show all of the possibilities as to where you may have gotten the image and that YOU did NOT remove the copyright info!

Personally, I agree with Mcfilms that you should fight this one but of course ultimately the decision is yours.

[lucia]

To document the images use http://www.webcitation.org/ .  Try using it at tineye, google etc. If they block it, then just use it at individual pages.

[Peeved]

Something else for your defense:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/possible-entrapment-scheme-by-vincent-k-tylor-hawaiian-art-network/

Does HAN have the EXCLUSIVE RIGHTS for this image for which to bring suit against you!

[Robert Krausankas (BuddhaPi)]

Something else for your defense:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/possible-entrapment-scheme-by-vincent-k-tylor-hawaiian-art-network/

Does HAN have the EXCLUSIVE RIGHTS for this image for which to bring suit against you!

Probably not, IF and thats a big IF they were to file suit they would just name the photographer in the suit as well, like they have with the 3 other suits..

[milosron]

Thank you all for your advise.

[milosron]

I just watched the latest update video with Matt and mc.  I appreciate all the work you do; and Matt, I do get it.  As a newbie I am just trying to get all the advice and insight I can.  How was I to know that 1000's of people get these letters and that I am not "special" until it happened to me.  I discovered ELI just a few days ago and needed to spend enough time on ELI to "get it." 

[Peeved]

HEY!

I think you ARE "special"! Don't listen to MATT! LOL!

 

[Robert Krausankas (BuddhaPi)]

HEY!

I think you ARE "special"! Don't listen to MATT! LOL!

 

We're all special inour own unique ways, just not when it comes to getting the letters!

Now I must go back and refresh my memory of Peeved's special story, glad to see "she's" becoming an active community member!

[Jerry Witt (mcfilms)]

milosron, when I first got my letter over a year ago, I thought Matt and Oscar would sometimes be a little short with people. But I totally get it now. People come to the site totally freaking out because they got "the letter." It's easy to feel like you are being singled out. But once you dig into this site you'll find that almost all the questions you might have, have already been answered.

Another pattern that emerges is that some people sound like they are ready to stand up to the stock companies. But after the ELI community spends time coaching and trying to help them, they "chicken out" and ultimately roll over. Apparently they decide to settle and cut a check and never are seen on this forum. Well, this emboldens the copyright trolls and they just keep pumping out the letters.

You seem like a nice "guy" (since you saw the interview you can tell I can't guess gender over the internet). Maybe you are too nice. At some point you have to draw a line in the sand and say, "This far and no farther." You have to get mad and mean about this. I feel you have a strong case here. If you're up for it, you have a great support network here. But if your not -- and I intend no offense -- you are kind of wasting everyone's time.