Why Are Cartoon Characters Scamming for Copyright Violations?

Why Are Cartoon Characters Scamming for Copyright Violations?

It’s becoming almost a biannual event

First, there was

And then came

But cartoon characters, really?

And a butterfly?

Enjoy this thread, with one of the most stupid scammers ever.

 

RE: Unlicensed Use of CartoonStock Ltd Imagery – Reference Number: 6774-3858-4169
Inbox
x

Resolve <Resolve@picrights.com>

Thu, Nov 21, 10:35 AM (11 days ago)

to info@windycityparrot.com

PicRights Ltd. on behalf of CartoonStock Ltd
3 Concorde Gate, Suite 209
Toronto, ON, Canada M3C 3N7
Telephone: +1 888 367 7778, https://www.picrights.com/

November 21, 2019

Via physical mail and email

Windy City Parrot, Inc.
906 North Western Avenue
Chicago, Illinois 60622
United States
info@windycityparrot.com

Unlicensed Use of CartoonStock Ltd Imagery – Reference Number: 6774-3858-4169 – Windy City Parrot, Inc.
If this matter has already been resolved, please disregard this communication.
You were previously notified of your company’s unlicensed use of CartoonStock Ltd’s imagery, which is displayed at the end of this correspondence.

Copies of our prior correspondence are viewable at the following links for your reference:

Oct 31, 2019 https://history.picrights.com/render/HistoryTemplate/67/UVZLIN
Oct 31, 2019 https://history.picrights.com/render/HistoryTemplate/67/UVX8ER
Oct 3, 2019 https://history.picrights.com/render/HistoryTemplate/67/UM74BM
Oct 3, 2019 https://history.picrights.com/render/HistoryTemplate/67/UM2UMA

To date, the matter has not been resolved.

Removal of the imagery alone will not satisfy this issue; we require a payment of $330.00 for past usage of the imagery at issue, even after you have removed the image(s).

Payment can be made by contacting us directly at 1 888 367 7778 or resolve@picrights.com, or through https://resolve.picrights.com/677438584169.

Unless you contact us within 14 days, we may withdraw the proposed fee and refer this matter to a copyright attorney.

For questions or to resolve this matter, please contact us by phone at 1 888 367 7778 or by email at resolve@picrights.com.

Please contact PicRights immediately if you believe you have received this correspondence in error.

Sincerely,
Ahmer Hussain, LL.B.
+1 888 367 7778 x3097
Compliance Officer
PicRights Ltd.
resolve@picrights.com

To learn more about PicRights and this specific matter please visit https://resolve.picrights.com/677438584169.
This correspondence is without prejudice to PicRights’s and CartoonStock Ltd’s, rights and remedies, all of which are expressly reserved.

DETAILS

Catalog Image No. twhn23
Proof of use

Page URL: https://www.windycityparrot.com/blog/category/bathing-and-health/page/8/

PAYMENT FOR PAST USAGE: $330.00

Please remit payment by using one of the following payment options:

Online payment

You may remit your payment via credit card, or PayPal online at: https://resolve.picrights.com/677438584169

By check
You may remit your payment by mailing check payment to:

PicRights Ltd.
3 Concorde Gate, Suite 209, Toronto, ON, Canada M3C 3N7
Check must be made payable to PicRights Ltd.
Please include reference number 6774-3858-4169 with check payment.

Mitch Rezman <mitch@windycityparrot.com>

Thu, Nov 21, 2:42 PM (11 days ago)

to Resolve

As I stated in a previous email, I am requesting a certificate of copyright and proof that you own the original art.

Would it be better if my legal team made the request?

Resolve

Thu, Nov 21, 4:15 PM (11 days ago)

to Mitch

Greetings,

Thank you for your response. Please see the following:

(i) A link to the photograph on CartoonStock’s website which shows that the photograph is rights-managed and that its copyright is owned by CartoonStock Ltd (CS): https://www.cartoonstock.com/cartoonview.asp?catref=twhn23

(ii) A statement from CS authorizing PicRights to facilitate settlement of copyright infringement matters on their behalf (attached).

(iii) A document evidencing that CS holds the necessary rights to license the imagery and to pursue available legal remedies (attached).

(v) A letter from the artist (attached)

(iv) A request for payment from CS (attached).

(v) A copy of the Settlement & Release Agreement signed by CS (attached).

(vi) For further evidence that CS has connections with PicRights, I cite these words from a page published on their website (whose original is at https://www.cartoonstock.com/faq.asp#questionTwentyOne),

“We strive to protect the interests, intellectual property, and livelihoods of our artists, and for this purpose, we have contracted Picrights Europe GmbH / Picrights Ltd to manage copyright compliance on our behalf.

If PicRights have contacted you about potential copyright infringement, please deal directly with them rather than contacting CartoonStock. Once enforcement proceedings have commenced, we can only intervene if you legitimately licensed the images concerned from CartoonStock or Jantoo.”

If/when PicRights is unable to effectuate an amicable settlement and/or resolution, copyright infringement files are then forwarded to legal representation to seek legal remedies in the appropriate jurisdiction.

This matter is slated for escalation on December 20, 2019, if our client’s request remains unresolved at that time.

In an effort to reach a swift and amicable resolution I have reduced the fee by 15% from $330.00 to $280.50 for the next 10 days. Kindly go to the secure PicRights Resolution website to settle the matter at:

https://resolve.picrights.com/6774-3858-4169.

Regards,

Ahmer Hussain, LL.B.
Compliance Officer
PicRights
T: +1 888 367 7778

From: Mitch Rezman <mitch@windycityparrot.com>
Sent: Thursday, November 21, 2019 3:42 PM
To: Resolve <Resolve@picrights.com>
Subject: Re: Unlicensed Use of CartoonStock Ltd Imagery – Reference Number: 6774-3858-4169

6 Attachments

From Mitch Rezman

Thu, Nov 21, 5:13 PM (11 days ago)

Mitch Rezman <mitch@windycityparrot.com>
Nov 21, 2019, 5:13 PM (11 days ago)
to Resolve

A complaint has been filed with Curtis T. Hill, Jr. Attorney General for the state of Indiana.

All your documents have been made available to the Indiana Attorney Generals office via Google docs public links

Resolve

Fri, Nov 22, 11:36 AM (10 days ago)

to Mitch

Thank you for the update.

This is not a scam, harassment or extortion – the only reason why we are contacting you is because you have used copyrighted material without permission.

In the past, infringers have alerted consumer affairs departments and law enforcement agencies regarding our attempts to resolve claims for the unauthorized use of our clients’ images.

On each occasion, we have responded to that agency’s inquiries and the agency was satisfied that our client has a valid legal claim and that we did not violate any laws or regulations in trying to resolve that claim.

Our offer of a fee reduced by 15% from $330.00 to $280.50 is set to expire on December 1, 2019.

This matter is slated for escalation to our US copyright attorneys on December 20, 2019 if our client’s request remains unresolved at that time.

Contact information for our legal representation:
Higbee & Associates
1504 Brookhollow Dr Suite 112, Santa Ana, CA 92705, USA
714-617-8300

Regards,

Ahmer Hussain, LL.B.
Compliance Officer
PicRights
T: +1 888 367 7778

From: Mitch Rezman <mitch@windycityparrot.com>
Sent: Thursday, November 21, 2019 6:13 PM

Mitch Rezman <mitch@windycityparrot.com>

Fri, Nov 22, 12:02 PM (10 days ago)

to Resolve

To be clear, I get these notices from idiots like you 2 – 3 times a year.

without proof of the original or a certificate from the Australian Copyright Council or IP Australia

You are a moron https://www.sitejabber.com/reviews/higbeeassociates.com

Mitch Rezman CMO/SEO, Windy City Parrot where the sun never sets empire

Phone: (219) 401-5480
Mobile: 773-848-0687
Fax: 312-492-9674
Website: Http://WindyCityParrot.com
Address: 618 E Commercial Ave Lowell, IN 46356

On Fri, Nov 22, 2019 at 11:36 AM Resolve <Resolve@picrights.com> wrote:
Thank you for the update.

This is not a scam, harassment or extortion – the only reason why we are contacting you is that you have used copyrighted material without permission.

In the past, infringers have alerted consumer affairs departments and law enforcement agencies regarding our attempts to resolve claims for the unauthorized use of our clients’ images.

On each occasion, we have responded to that agency’s inquiries and the agency was satisfied that our client has a valid legal claim and that we did not violate any laws or regulations in trying to resolve that claim.

Our offer of a fee reduced by 15% from $330.00 to $280.50 is set to expire on December 1, 2019.

This matter is slated for escalation to our US copyright attorneys on December 20, 2019 if our client’s request remains unresolved at that time.

Contact information for our legal representation:
Higbee & Associates
1504 Brookhollow Dr Suite 112, Santa Ana, CA 92705, USA
714-617-8300
Regards,

Ahmer Hussain, LL.B.
Compliance Officer
PicRights
T: +1 888 367 7778

From: Mitch Rezman <mitch@windycityparrot.com>
Sent: Thursday, November 21, 2019 6:13 PM
To: Resolve <Resolve@picrights.com>
Subject: Re: Unlicensed Use of CartoonStock Ltd Imagery – Reference Number: 6774-3858-4169

A complaint has been filed with Curtis T. Hill, Jr. Attorney General for the state of Indiana.

All your documents have been made available to the Indiana Attorney Generals office via Google docs public links.

Mitch Rezman CMO/SEO, Windy City Parrot where the sun never sets empire

Phone: (219) 401-5480
Mobile: 773-848-0687
Fax: 312-492-9674
Website: Http://WindyCityParrot.com
Address: 618 E Commercial Ave Lowell, IN 46356

On Thu, Nov 21, 2019 at 4:15 PM Resolve <Resolve@picrights.com> wrote:
Greetings,

Thank you for your response. Please see the following:

(i) A link to the photograph on CartoonStock’s website which shows that the photograph is rights-managed and that its copyright is owned by CartoonStock Ltd (CS): https://www.cartoonstock.com/cartoonview.asp?catref=twhn23

(ii) A statement from CS authorizing PicRights to facilitate settlement of copyright infringement matters on their behalf (attached).

(iii) A document evidencing that CS holds the necessary rights to license the imagery and to pursue available legal remedies (attached).

(v) A letter from the artist (attached)

(iv) A request for payment from CS (attached).

(v) A copy of the Settlement & Release Agreement signed by CS (attached).

(vi) For further evidence that CS has connections with PicRights, I cite these words from a page published on their website (whose original is at: https://www.cartoonstock.com/faq.asp#questionTwentyOne),

“We strive to protect the interests, intellectual property, and livelihoods of our artists, and for this purpose, we have contracted Picrights Europe GmbH / Picrights Ltd to manage copyright compliance on our behalf. If PicRights have contacted you about potential copyright infringement, please deal directly with them rather than contacting CartoonStock.

Once enforcement proceedings have commenced, we can only intervene if you legitimately licensed the images concerned from CartoonStock or Jantoo.”

If/when PicRights is unable to effectuate an amicable settlement and/or resolution, copyright infringement files are then forwarded to legal representation to seek legal remedies in the appropriate jurisdiction.

This matter is slated for escalation on December 20, 2019 if our client’s request remains unresolved at that time.

In an effort to reach a swift and amicable resolution I have reduced the fee by 15% from $330.00 to $280.50 for the next 10 days.

Kindly go to the secure PicRights Resolution website to settle the matter at: https://resolve.picrights.com/6774-3858-4169.
Regards,

Ahmer Hussain, LL.B.
Compliance Officer
PicRights
T: +1 888 367 7778

From: Mitch Rezman <mitch@windycityparrot.com>
Sent: Thursday, November 21, 2019 3:42 PM
To: Resolve <Resolve@picrights.com>
Subject: Re: Unlicensed Use of CartoonStock Ltd Imagery – Reference Number: 6774-3858-4169

As I stated in a previous email, I am requesting a certificate of copyright and proof that you own the original art.

Would it be better if my legal team made the request?

On Thu, Nov 21, 2019 at 10:35 AM Resolve <Resolve@picrights.com> wrote:

PicRights Ltd. on behalf of CartoonStock Ltd
3 Concorde Gate, Suite 209
Toronto, ON, Canada M3C 3N7
Telephone: +1 888 367 7778, https://www.picrights.com/

November 21, 2019

Via physical mail and email

Windy City Parrot, Inc.
906 North Western Avenue
Chicago, Illinois 60622
United States
info@windycityparrot.com

Unlicensed Use of CartoonStock Ltd Imagery – Reference Number: 6774-3858-4169 – Windy City Parrot, Inc.
If this matter has already been resolved, please disregard this communication.
You were previously notified of your company’s unlicensed use of CartoonStock Ltd’s imagery, which is displayed at the end of this correspondence.

Copies of our prior correspondence are viewable at the following links for your reference:
Oct 31, 2019 https://history.picrights.com/render/HistoryTemplate/67/UVZLIN
Oct 31, 2019 https://history.picrights.com/render/HistoryTemplate/67/UVX8ER
Oct 3, 2019 https://history.picrights.com/render/HistoryTemplate/67/UM74BM
Oct 3, 2019 https://history.picrights.com/render/HistoryTemplate/67/UM2UMA

To date, the matter has not been resolved.

Removal of the imagery alone will not satisfy this issue; we require a payment of $330.00 for past usage of the imagery at issue, even after you have removed the image(s).

Payment can be made by contacting us directly at 1 888 367 7778 or resolve@picrights.com, or through https://resolve.picrights.com/677438584169.

Unless you contact us within 14 days, we may withdraw the proposed fee and refer this matter to a copyright attorney.

For questions or to resolve this matter, please contact us by phone at 1 888 367 7778 or by email at resolve@picrights.com.

Please contact PicRights immediately if you believe you have received this correspondence in error.

Sincerely,
Ahmer Hussain, LL.B.
+1 888 367 7778 x3097
Compliance Officer
PicRights Ltd.
resolve@picrights.com

To learn more about PicRights and this specific matter please visit https://resolve.picrights.com/677438584169.
This correspondence is without prejudice to PicRights’s and CartoonStock Ltd’s, rights and remedies, all of which are expressly reserved.

DETAILS

Catalog Image No. twhn23
Proof of use

Page URL: https://www.windycityparrot.com/blog/category/bathing-and-health/page/8/

PAYMENT FOR PAST USAGE: $330.00

Please remit payment by using one of the following payment options:
Online payment

You may remit your payment via credit card, or PayPal online at: https://resolve.picrights.com/677438584169

By check
You may remit your payment by mailing check payment to:
PicRights Ltd.

3 Concorde Gate, Suite 209, Toronto, ON, Canada M3C 3N7

Check must be made payable to PicRights Ltd.
Please include reference number 6774-3858-4169 with check payment.

 

“Stupid makes me tired” MitchR

Thank you, Kim, for the additional content 01/30/20

20200130 Initial Demand Letter PicRights 549117

Mr. Rezman,

Regardless of how “bored” or angry you are with the facts surrounding this copyright infringement claim, that doesn’t change that you used without permission an image over which our client maintains the rights. Looking back through our files, your assertion that PicRights “did not provide you with anything” is false. Our attorneys advise that the documentation that was provided to you is entirely sufficient to show our client’s rights over the image.
Editors note:
re: “Our attorneys advise that the continued unauthorized use of the image would likely display a reckless disregard for federal copyright law
hmmmmm – I’ll take that under advisement with counsel as to how that statement relates to an Australian copyrighted image. 
 
Endnote
Our client’s image can still be found posted on your website at the following location: https://www.windycityparrot.com/blog/category/bathing-and-health/page/10/. Unless you obtained appropriate licensing to use the image, it must be removed immediately. Our attorneys advise that the continued unauthorized use of the image would likely display a reckless disregard for federal copyright law and actions in bad-faith if our client decides to pursue this matter in court. 
Our client has retained our firm to represent them for this claim. They have chosen to provide you with an opportunity to avoid a potential lawsuit and settle this claim with them outside of court. The choice is yours now. If you would like to discuss a resolution to this claim, you can reach us through this email address or you can call me at (657) 229-6211. If you truly have no interest in settling the claim, please confirm; we would be happy to escalate the matter to our firm’s litigation department where our attorneys will recommend that our client consider filing a lawsuit. 
Sincerely,
Kim Strauss
Claims Resolution Specialist
Copyright DivisionClaims Resolution Specialists are non-attorney staff members who assist attorneys in attempting to resolve copyright claims prior to litigation.  All correspondence is reviewed by staff attorneys.                  
Law Offices of Higbee & Associates (http://www.HigbeeAssociates.com)
1504 Brookhollow Dr. Suite 112, Santa Ana, CA. 92705
DIRECT PHONE: (657) 229-6211
Phone: (800) 716-1245 Fax: (714) 597-6559

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