[DeTomaso] Fwd: U.S. Copyright Violations
Ken Green
kenn_green at yahoo.com
Mon Jul 25 18:09:05 EDT 2016
The author is the owner of a copyright unless ownership can be established as a work for hire, which requires that the author is an employee. If Shortt posted photos others took, he has not right to them.
Additionally I think Shortt has to provide a detailed list of what he claims ownership of. A general demand to take down a web site is a little ridiculous.
Have you contacted Dr. Phil? This would make an interesting topic for one of his shows.
Ken
From: Ed Mendez <edducati at mac.com>
To: DeTomaso at server.detomasolist.com
Sent: Monday, July 25, 2016 2:38 PM
Subject: [DeTomaso] Fwd: U.S. Copyright Violations
Here is his response.
I removed all pictures of his car and his interior article, so I think
I have done my due diligence. Even though as a volunteer officer of the
club he gave up the rights to his intellectual property when he put it
on the site, so I probably removed more than I should have.
He is now saying he wants the whole site removed.
Begin forwarded message:
From: Michael Shortt <michaelsavga at gmail.com>
Date: July 25, 2016 2:24:59 PM
To: Ed Mendez <edducati at mac.com>
Subject: Re: U.S. Copyright Violations
everything that you didn't do would have been done by me.
so all of it
every photo in every library
every word in any post or blog
any photo or graphic
any pho0to that was post which was altered by me, which would be all of
them
On Mon, Jul 25, 2016 at 5:11 PM, Ed Mendez <[1]edducati at mac.com> wrote:
Can you be more specific as to what content exactly?
On Jul 25, 2016, at 01:42 PM, Michael Shortt
<[2]michaelsavga at gmail.com> wrote:
Be advised that [3]POCA.Com continues to violate US Copyright Law by
displaying /using unaiuthorized content created by me in the form of
text, graphics, photos and design elements.
You have been given 96 hours to remove them and have not done so.
Each violation will be noted and listed as a separate violation in a
complaint to be filed with the US Eastern Judicial Circuit of the
United States Federal District on Tuesday, July 26, 2016.
This is the last time I'm going to tell you to remove everything from
the website. You are not going to use my work to entice people into
that toxic and divisive club.
Copyright
A bundle of intangible rights granted by statute to the author or origi
nator of certain literary or artistic productions, whereby,for a limite
d period, the exclusive privilege is given to that person (or to any pa
rty to whom he or she transfers ownership) to make copies of the same f
or publication and sale.
A copyright is a legal device that gives the creator of a literary, art
istic, musical, or other creative work the sole right to publish and se
ll that work. Copyright owners have the right to control the reproducti
on of their work, including the right to receive payment for that repro
duction. An author may grant or sell those rights to others, including
publishers or recording companies. Violation of a copyright is called i
nfringement.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright
Laws
Copyright infringement is the act of exercising, without permission or
legal authority, one or more of the exclusive rights granted to the
copyright owner under section 106 of the Copyright Act (Title 17 of the
United States Code). These rights include the right to reproduce or
distribute a copyrighted work. In the file-sharing context, downloading
or uploading substantial parts of a copyrighted work without authority
constitutes an infringement.
Penalties for copyright infringement include civil and criminal
penalties. In general, anyone found liable for civil copyright
infringement may be ordered to pay either actual damages or "statutory"
damages affixed at not less than $750 and not more than $30,000 per
work infringed. For "willful" infringement, a court may award up to
$150,000 per work infringed. A court can, in its discretion, also
assess costs and attorneys' fees. For details, see Title 17, United
States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties,
including imprisonment of up to five years and fines of up to $250,000
per offense.
For more information, please see the Web site of the U.S. Copyright
Office at[4]www.copyright.gov, especially their FAQ's
at [5]www.copyright.gov/help/faq.
--
Michael L. Shortt
Savannah, Georgia
[6]michael at michaelshortt.com
912-232-9390
This email is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sec. 2510-2521, is confidential and may be legally
privileged. If you are not the intended recipient, you are hereby
notified
that any retention, dissemination, distribution or copying of this
communication is strictly prohibited. Please reply to the sender that
you
have received this message in error, then delete it. Thank you
--
Michael L. Shortt
Savannah, Georgia
[7]michael at michaelshortt.com
912-232-9390
This email is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sec. 2510-2521, is confidential and may be legally
privileged. If you are not the intended recipient, you are hereby
notified
that any retention, dissemination, distribution or copying of this
communication is strictly prohibited. Please reply to the sender that
you
have received this message in error, then delete it. Thank you
References
1. mailto:edducati at mac.com
2. mailto:michaelsavga at gmail.com
3. http://POCA.Com/
4. http://www.copyright.gov/
5. http://www.copyright.gov/help/faq
6. mailto:michael at michaelshortt.com
7. mailto:michael at michaelshortt.com
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-------------- next part --------------
The author is the owner of a copyright unless ownership can be
established as a work for hire, which requires that the author is an
employee. If Shortt posted photos others took, he has not right to
them.
Additionally I think Shortt has to provide a detailed list of what he
claims ownership of. A general demand to take down a web site is a
little ridiculous.
Have you contacted Dr. Phil? This would make an interesting topic for
one of his shows.
Ken
__________________________________________________________________
From: Ed Mendez <edducati at mac.com>
To: DeTomaso at server.detomasolist.com
Sent: Monday, July 25, 2016 2:38 PM
Subject: [DeTomaso] Fwd: U.S. Copyright Violations
Here is his response.
I removed all pictures of his car and his interior article, so I
think
I have done my due diligence. Even though as a volunteer officer of
the
club he gave up the rights to his intellectual property when he put
it
on the site, so I probably removed more than I should have.
He is now saying he wants the whole site removed.
Begin forwarded message:
From: Michael Shortt <[1]michaelsavga at gmail.com>
Date: July 25, 2016 2:24:59 PM
To: Ed Mendez <[2]edducati at mac.com>
Subject: Re: U.S. Copyright Violations
everything that you didn't do would have been done by me.
so all of it
every photo in every library
every word in any post or blog
any photo or graphic
any pho0to that was post which was altered by me, which would be all
of
them
On Mon, Jul 25, 2016 at 5:11 PM, Ed Mendez <[1][3]edducati at mac.com>
wrote:
Can you be more specific as to what content exactly?
On Jul 25, 2016, at 01:42 PM, Michael Shortt
<[2][4]michaelsavga at gmail.com> wrote:
Be advised that [3]POCA.Com continues to violate US Copyright Law by
displaying /using unaiuthorized content created by me in the form of
text, graphics, photos and design elements.
You have been given 96 hours to remove them and have not done so.
Each violation will be noted and listed as a separate violation in a
complaint to be filed with the US Eastern Judicial Circuit of the
United States Federal District on Tuesday, July 26, 2016.
This is the last time I'm going to tell you to remove everything from
the website. You are not going to use my work to entice people into
that toxic and divisive club.
Copyright
A bundle of intangible rights granted by statute to the author or
origi
nator of certain literary or artistic productions, whereby,for a
limite
d period, the exclusive privilege is given to that person (or to any
pa
rty to whom he or she transfers ownership) to make copies of the same
f
or publication and sale.
A copyright is a legal device that gives the creator of a literary,
art
istic, musical, or other creative work the sole right to publish and
se
ll that work. Copyright owners have the right to control the
reproducti
on of their work, including the right to receive payment for that
repro
duction. An author may grant or sell those rights to others,
including
publishers or recording companies. Violation of a copyright is called
i
nfringement.
Summary of Civil and Criminal Penalties for Violation of Federal
Copyright
Laws
Copyright infringement is the act of exercising, without permission
or
legal authority, one or more of the exclusive rights granted to the
copyright owner under section 106 of the Copyright Act (Title 17 of
the
United States Code). These rights include the right to reproduce or
distribute a copyrighted work. In the file-sharing context,
downloading
or uploading substantial parts of a copyrighted work without
authority
constitutes an infringement.
Penalties for copyright infringement include civil and criminal
penalties. In general, anyone found liable for civil copyright
infringement may be ordered to pay either actual damages or
"statutory"
damages affixed at not less than $750 and not more than $30,000 per
work infringed. For "willful" infringement, a court may award up to
$150,000 per work infringed. A court can, in its discretion, also
assess costs and attorneys' fees. For details, see Title 17, United
States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties,
including imprisonment of up to five years and fines of up to
$250,000
per offense.
For more information, please see the Web site of the U.S. Copyright
Office at[4]www.copyright.gov, especially their FAQ's
at [5]www.copyright.gov/help/faq.
--
Michael L. Shortt
Savannah, Georgia
[6][5]michael at michaelshortt.com
912-232-9390
This email is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sec. 2510-2521, is confidential and may be legally
privileged. If you are not the intended recipient, you are hereby
notified
that any retention, dissemination, distribution or copying of this
communication is strictly prohibited. Please reply to the sender
that
you
have received this message in error, then delete it. Thank you
--
Michael L. Shortt
Savannah, Georgia
[7][6]michael at michaelshortt.com
912-232-9390
This email is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sec. 2510-2521, is confidential and may be legally
privileged. If you are not the intended recipient, you are hereby
notified
that any retention, dissemination, distribution or copying of this
communication is strictly prohibited. Please reply to the sender
that
you
have received this message in error, then delete it. Thank you
References
1. mailto:[7]edducati at mac.com
2. mailto:[8]michaelsavga at gmail.com
3. [9]http://POCA.Com/
4. [10]http://www.copyright.gov/
5. [11]http://www.copyright.gov/help/faq
6. mailto:[12]michael at michaelshortt.com
7. mailto:[13]michael at michaelshortt.com
_______________________________________________
Detomaso Email List is not managed by POCA
Posted emails must not exceed 1.5 Megabytes
DeTomaso mailing list
[14]DeTomaso at server.detomasolist.com
[15]http://server.detomasolist.com/mailman/listinfo/detomaso
To manage your subscription (change email address, unsubscribe, etc.)
use the links above.
Members who post to this list grant license to the list to forward any
message posted here to all past, current, or future members of the
list. They also grant the list owner permission to maintain an archive
or approve the archiving of list messages.
References
1. mailto:michaelsavga at gmail.com
2. mailto:edducati at mac.com
3. mailto:edducati at mac.com
4. mailto:michaelsavga at gmail.com
5. mailto:michael at michaelshortt.com
6. mailto:michael at michaelshortt.com
7. mailto:edducati at mac.com
8. mailto:michaelsavga at gmail.com
9. http://poca.com/
10. http://www.copyright.gov/
11. http://www.copyright.gov/help/faq
12. mailto:michael at michaelshortt.com
13. mailto:michael at michaelshortt.com
14. mailto:DeTomaso at server.detomasolist.com
15. http://server.detomasolist.com/mailman/listinfo/detomaso
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