Free Baitpapers

[Extortion-Victim-No Longer]

Hold the fishing line, wait for the infringer of a successful looking commercial website takes a bite, under the false pretence that the image was free to use, as advertised, only to be later slapped by the inevitable pre-stamped settlement demand letter.

Business model = Multiple Free Wallpaper Sites + Multiple Settlement Demand letters

photographer
H. A. N.  or any other like entity (register the bait)
Software like P. S.
Lawyers

Someone who is hidden behind domain privacy to "seed" the images on free wallpaper sites?

From what I researched before I found ELI...most people are scared and pay...Just 5 successful demand letters per month would generate $ 50,000 at $ 10,000 per image, that is large revenue. Unlike the old days when earnings were a percentage of $10 bucks for 1 photo! One can only imagine how many scared recipients of settlement demand letters have paid without question and who weren't fortunate enough to come across this incredibly informative website before making an educated decision...

[SoylentGreen]

This was bound to happen sooner or later.
It's probably been ongoing for a while, too.

Maybe you've heard the saying "Hawaiian Art Plays, Dipshits Pay"?  lol.

S.G.

[Extortion-Victim-No Longer]

LOL...
The H. A. N. curator states their goal for  the online Gallery showcases their best artists on one central online site for customers to view & enjoy...yet those unique pieces are somehow popping up all over the net for FREE.

http://travelvacas.com/siga/nford164717thought/

[SoylentGreen]

You're quite right.  Go to the link that "Extortion-Victim-No Longer" provided in a previous post:

http://www.google.ca/imgres?imgurl=http://fwallpapers.com/files/images/road-hana-turquoise-lagoon-maui-hawaii.jpg&imgrefurl=http://fwallpapers.com/view/road-hana-turquoise-lagoon-maui-hawaii&usg=__G2huN_098plvFFevENfvF1yejXQ=&h=1200&w=1600&sz=662&hl=en&start=84&zoom=1&tbnid=dhcZY3kpBMATnM:&tbnh=158&tbnw=204&ei=zzKwTYTxJYrSsAPD0JTlCw&prev=/search%3Fq%3Dhawaii%26um%3D1%26hl%3Den%26sa%3DN%26biw%3D1659%26bih%3D841%26tbm%3Disch0%2C2140&um=1&itbs=1&iact=hc&vpx=936&vpy=327&dur=3308&hovh=194&hovw=259&tx=98&ty=109&page=4&ndsp=28&ved=1t:429,r:11,s:84&biw=1659&bih=841

Download the picture.  Now go to Google, click on "Images", click on the little camera icon next to the search box, click on "upload image", browse to the image that you downloaded and click "open".
Next scroll down to "Pages that include matching images", look at the listed pages.

The photo appears on more than 89 "FREE" wallpaper sites on the first 26 Google search pages alone.

Many will recall that the image in question was the subject of the infamous "Brandon Sand" extortion letter, seeking an astonishing $10,000.
http://www.extortionletterinfo.com/brandon-sand-extortion-web.pdf

I'd say that Hawaiian Art Network and photographer Tylor have a credibility problem.

S.G.

[Matthew Chan]

For what it is worth, I am not much of a conspiracy theory type of guy. I don't necessarily see shadows around every corner. Because I put my name and face out for all to see, I am very careful but who I associate with, what I say, and what I believe.

However, this whole free wallpaper thing with a certain H.A.N. artist definitely has my attention. I have been gathering information on the side from various people and there appears to be a pattern I am seeing.  And it is not a pretty one.

I don't know when, where, or how but let's just say this topic is far from dead and will likely be the subject of further discussion down the road.

What I would say to all of you is to continue investigating and gather information here.  It will come together.

Matthew

[Robert Krausankas (BuddhaPi)]

Business model = Multiple Free Wallpaper Sites + Multiple Settlement Demand letters

photographer
H. A. N.  or any other like entity (register the bait)
Software like P. S.
Lawyers

you left out one small part of the equation...

photographer
H.A.N.
C.S.I - owned by the same person as H.A.N.
software like P.S.
lawyers

[Extortion-Victim-No Longer]

That's what I meant by register the bait...

[aimiyo]

Hello Everyone

I just got hit with a lawsuit from Tylor and HAN.

I had no idea we even used the image and traced it back to a hard disk in the office and that found that it was downloaded from one of the 150 or so free wallpaper sites and used by one of our students. I explained this to then lawyer,  took the students web site down the minute I got the letter, but he still wants over 4000 USD. The site made no profit as he claims and we never of course took trade mark images off the picture which he  accuses me of as well.. It took quite a bit of digging but I found where it came from. Yes  a free download wallpaper site.

As soon as I get a chance I will give more info and hopefully find a way to get everyone together to counter this. I am looking for an attorney who will go after this and willing to pay for the depositions and get all HAN records to see if this is a scam etc now or legitimate.

The attorney in my case apparently has a good reputation in town so I am surprised he attaches his name to this. As I have a feeling it will get very nasty as I smell a really stinky fish here.

Any advice ?

M

[Robert Krausankas (BuddhaPi)]

My advice would be to research, find and document every free wallpaper site this image appears on, also reference other sources such as the following to document "the business model"

http://www.picscout.com/customers/case-studies.html

I would also try to rally the troops that visit this and other sites that have received a letter (or suit), as I believe there is strenght in numbers. You also might want to collect screen shots of the image directly from the artists site where he sells 4 x 6 prints for under $10.00 including shipping!

In my opinion this is not just a case of copyright infringement, but I also think it borders on entrapment /fraud, we just need a judge to see it that way, which would also help in regards to other companies that are also vigorously chasing down small businesses, which I believe the majority are innocent infringers.

[SoylentGreen]

These trolls have to file some lawsuits in order to keep the "fear level" at a maximum.
Otherwise, many wouldn't pay.

However, I really wonder if they'd actually be willing to take it as far as court, or simply back out at the last moment.
These particular images have been posted on hundreds of "free" sites, some even with a button/code enabling visitors to place the image their site instantly.
One could raise the question of why Tylor/H.A.N aren't going after the channels of "free distribution", but rather the end user(s).
A more logical (ethical?) approach would be to shut down those distributing said images for free to the masses.
That's how you protect copyrighted materials for the purpose of making revenue.

I think that going to court would really be "rolling the dice" for Tylor/H.A.N.
If they lost a case, their trolling business could be largely over and done with immediately.

"Nothing in life is as exhilarating as to be shot at without result" - Winston Churchill

S.G.

[aimiyo]

Well I just got off the phone to HAN latest victim (my opinion) same story--innocent and they were asked for a ton of money (more than you can imagine) for an image that cost 300 ( guess) a year max.. I will allow them to represent themselves on this issue,  but allow me to say this may be the tip of an iceberg. I hope many come forward with their stories and we can get to the bottom of this.

I certainly hope all members who can donate ideas, thoughts , or documentation can help with this, my personal time is limited,  but I may devote one my employees just to this as the more I hear the more I am taken aback.

I have a feeling this may be big. A real credit to your web site and the case we need to bring attention to the issue.

M

[Robert Krausankas (BuddhaPi)]

One could raise the question of why Tylor/H.A.N aren't going after the channels of "free distribution", but rather the end user(s).
A more logical (ethical?) approach would be to shut down those distributing said images for free to the masses.
That's how you protect copyrighted materials for the purpose of making revenue.

S.G.

This is both logical and ethical, however, IF these images are being seeded to these sites, they would not really be able to go after them, as they supplied it in the first place... ...

" When the shit hits the fan, it will not be distributed evenly"

[SoylentGreen]

Yes, the fact that they aren't going after the channels of "free distribution" could show their willful intent to "seed" the images under the guise of "public domain"...

It would be pretty easy to convince a judge that it's "innocent infringement" (or less).
Assuming it ever actually made it to court.  lol.

S.G.

[scraggy]

Just a thought - If the same photographs of Vincent K. Tylor are sold on different stock photo sites, then no individual site could claim to own the exclusive license, and hence they would not have the right to sue.

For example, I found a large collection of his photos here

http://photo.net/photodb/member-photos?user_id=538298

The site conditions appear here
http://photo.net/info/terms-of-use

and section 3 ( Intellectual Property Rights ) shows that by uploading his photos, he gave away many rights!

For example

"You also grant us a perpetual non-exclusive worldwide royalty-free license to use, reproduce, adapt, publicly perform and publicly display your User Content on the Site and to promote the Site. "

Other sites also sell his images

http://www.sunshinearts.net/catalog/Vincent_K_Tylor-184-1.html
http://www.usefilm.com/photographer/11626.html

My non legal opinion - only the owner of the copyright or the owner of the exclusive license have the right to sue.

If you can show that more than one image stock site sells the same image, how can any one site claim to own the exclusive license?

[Robert Krausankas (BuddhaPi)]

Good point Scraggy, however most of the sites these images are available on offer free downloads, but it could be argued that the few that do sell the images, including Hawaiian Arts own site are in deed stepping on each other. I also think a judge would take into consideration the fact that his images on the HAN site sell for as little as 10.00..

http://www.hawaiiart.com/products/Hawaii-Hammock-Photograph.html