[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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