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stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 01:38 AM   #1 (permalink)
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Hey All,

I have had one of my images stolen and put on "gostrippers.net". I also know for fact that Andy Mac, you one of Jennifer Fox's is on there, Johhny Crosslins images are there, Todd Plinkle from In8's are there. Rae Kehoe's are there and one of Wendi Meece (spelling?). I will be contacting my Attorney first thing in the am. Just a heads up for everyone. Hope this helps.

Ciao
Michael
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Re: stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 07:58 AM   #2 (permalink)
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Welcome to reality. These aholes rip pics all the time. The toughest thing is finding a copyright attorney to go after them. There are 1500 attorneys in my local phone book, but only 2 practice trademanrk and copyright law. None will take cases on award fees. So its $2500 to get started. It sucks all the way around. I am invovled in 3 cases right now and its not cheap. You can get his website pulled real fast by notifying his hosting compnay which is godaddy. I have copies of the cease and desist letter that where sent out last week. If you want a copy you know where I am. Here is his info, go get 'em.......:
Registrant:
Domains by Proxy, Inc.

DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States

Registered through: GoDaddy.com (http://www.godaddy.com)
Domain Name: GOSTRIPPERS.NET
Created on: 28-Jun-05
Expires on: 28-Jun-07
Last Updated on: 28-Jun-05

Administrative Contact:
Private, Registration GOSTRIPPERS.NET@domainsbyproxy.com
Domains by Proxy, Inc.
DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States
(480) 624-2599
Technical Contact:
Private, Registration GOSTRIPPERS.NET@domainsbyproxy.com">GOSTRIPPERS.NE T@domainsbyproxy.com
Domains by Proxy, Inc.
DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States
(480) 624-2599
Technical Contact:
Private, Registration <a href="mailto:GOSTRIPPERS.NET@domainsbyproxy.com</a>
Domains by Proxy, Inc.
DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States
(480) 624-2599

Domain servers in listed order:
WSC1.JOMAX.NET
WSC2.JOMAX.NET


Registry Status: REGISTRAR-LOCK
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Re: stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 12:38 PM   #3 (permalink)
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Hey Man,

Thanks for taking the time type out the info, we already secured all the info last night and have already emailed godaddy with all the appropriate info including screen shots, domain names (there are two ...one is redirected), registrar info and the original file with date. I have an attorney here that will be propably taking the case, should they not respond to our email. We will try to settle out of court...if not, we will be proceding with legal findings.

Other than that...hows things going....?
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Re: stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 01:00 PM   #4 (permalink)
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we just found another image on their site...make that 3 violations.
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Re: stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 02:06 PM   #5 (permalink)
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A friend of mine had a copyright issue with a model. To make a long story short she's a member of PrePaid Legal and got it sorted cheaply and effectively. I'm a member, too. I don't sell the service and have nothing to gain from telling you this but for a small monthly fee you basically have one of the largest law firms in the country on retainer. They got right on it. I'm sure if it turns out to be a larger case then there'll be more fees as it's outside the scope of service for PrePaid but many times these things can be nipped in the bud with a Cease and Desisit or similar type letter. Might be worth looking into as I'm hearing these stories more and more. By strange coincidence my friend found one of my images on a member's site on Model Mayhem and called me about it. It got pulled without any fuss but it still pisses me off that it happened.

MG
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Re: stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 02:59 PM   #6 (permalink)
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Hey Michael,

Thanks for the info. I actually have a very large firm here in Savannah that I already work with. They deal in specifically "entertainment" business, artists, actors, musicians..that sort of thing. To be very upfront, I am going after them....just pulling the images is not enough at this point. What will come of it? I dont know. But I do know that after I am done with them...if they still own the company they will think twice.

Thanks,
Michael
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Re: stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 03:34 PM   #7 (permalink)
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Damn! You're going in headfirst huh?

You know this is a copyright violation as far as you're concerned. But how about the girls who are depicted as strippers that may not actually be? Could that be considered slander? Hmmm [img]/ubbthreads/images/graemlins/confused.gif[/img]
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Re: stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 05:14 PM   #8 (permalink)
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Hey Mike,

Yes....damn right we are goin in head first....lol. I am not playing with this...not with the model who is higly published and my friend on top of it. As far as slander goes ...that is a good point...although..I am not sure of that. I dont know if that is enough to be considered slander...although....ie showing someone is a nature of steeling, about to do drugs etc is definately slander...however, that is not the case here. I will know more about that once I speak with my attorney further.
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Re: stollen images...all read...Andy Mac, Raemond Keho, Todd Plinkle
Old 11-11-2005, 07:21 PM   #9 (permalink)
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Mike,
Without a doubt you have to go after these a-holes, if for no other reason than to protect your reputation. My recent issues are a little different, but no less damaging. Everyone knows that I sell alot of stock photos, over $30k a year. What has been happening recently on the smaller stock sites is that webmasters are buying images to use on adult sites, and in adult magazines. When they purchase these images they have to check a box stating they have read the terms of service and agree to abide by them. They must check the box on 3 different occasions, all stating the same thing. In those terms of service it clearly states, among other things, that the images may never be used in a "adult" website, magazine, or ad. Yet they are doing it everyday. 2 months ago I was told about one image being used, and now I have found my images in 3 adult magazines, and several websites.

So I go searching for a good attorney that does copyright law. I found there are very few that handle it, and even fewer that want to deal with such small issues. But I did manage to find one attorney that is handling it for $2500. The other violations I am handling myself by copying everything my attorney does. It all startes with a "cease and desist" letter, as well as "demand for payment". Max liability is $150,000 on images, and you really need to have your images registered to reach that sum. What is more common on the cases I have looked at is a settlement of $5,000-$10,000 for each violation. Sucks, but thats the facts. In my "C&amp;A - Demand letter" I make notification of the infrigment, and demand for 4%, $6,000. Be sure to send it certified as well. This is the standard from what I have seen.

So far it seems to be working. I have one ready to settle next week, and another that would like to meet about this and discuss terms. I have not heard from the other, but who cares. I will get a default judgement against him and take it from there. There may be more you can do, I do not know. My approach is to make it as simple and sweet as possible. This is very common, and we will never know exactly how many times it happens. Best to nail the ones we do. But remeber this guy may not have anything to take. If he is broke you are screwed. Before I would pay an attorney to go after them I would find out who did it and do they have any assets. I got very lucky on all of mine. They all have assets that I can attach any judgement too. You can always find an attorney to take any case, but you need someone that does this stuff all the time. My father is a great attorney, but he knows nothing about copyright law. Even our mutual friend Sean, another great attorney, knows nothing about copyright law. Just be careful, its not cheap and there are no guarantees.

Now one last point before I get a bunch of hate mails. I have nothing against adult content. In fact I make alot of money shooting adult content. 50% of my shoots are adult stuff. But I use specific models who know what they are shooting and where the images are going, all stated clearly in my release. So thats a whole other story. The images that are being used in violation of the terms of service are usually lingerie, bikini, and artistic nudes. Much like the ones on the site that stole your images. I even have some of those for sale as content, but thats what they where created for, ya know. So have fun traveling down this road. Make alot of notes, pay close attention, and learn. Next time this happens you will have all your papaerwork ready to go, just fill in the blanks. I was once told that some guys make more off copyright suits than they do off shooting........ They actually hope their images are stolen so they have a suit. They must be using a digi-mark system that track the stuff on the net. Good luck...............T
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lucky me, you can too
Old 11-11-2005, 07:22 PM   #10 (permalink)
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I don't know whether I should be glad, or insulted, but they don't have any of my shots posted there. Yet.

For the rest of you who do, I thought it was interesting in all the comments so far, that of the people who discuss suiing, no one mentioned whether or not their images had been registered with the Copyright office. The company sounds like a viable one with assets to go after if you won a judgement, but for those of you who might have a hard time finding an attorney, one reason might be if your images were not registered. WITH registration, all the attorney has to do is show the image was used without your consent, and you qualify for $7500 per infringement minimum, $150k maximum. On top of that, the judge can award attorney's fees. If you did not register the images, you don't get any of those things, only whatever the judge decides you would have been paid had the client struck a deal with you up front. No lawyer is going to walk into such a case without a hefty retainer if the images weren't registered.

All my images are registered before you see them on GG (which sometimes explains the delay in my posting them) or anywhere else. Maybe the folks on the site in question know this?

Regards,
Andy Pearlman
Andy Pearlman Studio
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