Stern & Schurin LLP

Revdex.com: I have reviewed the response made by the business in reference to complaint ID# [redacted] , and have determined that my complaint has NOT been resolved because: Science Photo Library has yet to accept the very reasonable terms of payment proposed by our insurance company Upon further investigation regarding the image used by [redacted] of Colorado (Group to Alleviate Smoking Pollution) in an online article, it has been determined that the photo was first used well before Photo Science Library launched its web site and therefore [redacted] asks that this issue be dropped and that Photo Science Library stop using questionable notification practices that appear to be scams.As mentioned previously, the letters received from Science Photo Library appeared to be scams since they came from a PO Box; the mail permit was from Wichita, Kansas; any individual; and the URL they mentioned describing the copyrighted image did not exist anymore did not sign the letter To confirm if the letter was legitimate, an e-mail was sent to the e-mail listed on their web site [redacted] on October **, A response was not received and so the letter was considered a scam and given to the postal service for investigationIt was not until a call was received from an attorney at Stern and Shurin eight months later informing [redacted] that the matter had been escalated that the letter was considered validIn addition, on June [redacted] an e-mail was received from the sales director at Science Photo Library confirming that they had contracted the series of the firm and of License Compliance Service (Piscout Inc).The Group to Alleviate Smoking Pollution ( [redacted] of Colorado) is a small 501-C-statewide nonprofit organization working to eliminate secondhand smokefrom the air we breathe at work, in public places, and in multiunit housing through education and advocacy [redacted] works to educate businesses about thepositive economic benefits of smoke-free policies, and provides resources that lead to smoke-free policies The website where the image was posted, [redacted] is an educational website providing information to assist housing providers and residents with implementing no-smoking policies in their buildings [redacted] also publishes a newsletter distributed to donors.Once it was verified that the complaint was not a scam, [redacted] noted that the concern was about an image of a “depressed man crying” on the third page of a four-page article about complaints about smoking from residents in multiunit residential buildingsIt was posted in a subdirectory in the website at [redacted] that has different articlesIn the spirit of cooperation,all photos from the article were removed and it has been reposted on the websitewithout any pictures.The original four-page article about complaints from residents with the “depressed man crying” image originally appeared in ***’s newsletter, which was published the fall of [redacted] was created October **, according to [redacted] This is about a year after the first usage of the image in the [redacted] newsletter and likely before Science Photo Library obtained the rights to the photo and added its logo to itThe image was probably found using Microsoft Office images web link and was likely free to use in 2011.Another reason this case should be dropped is that the image of the “depressed man crying” that was on one of ***’s web sites falls under the “fair use rule”since it was used for nonprofit educational purposes, it was a part of an article with many pictures, it was in a section of a web site that gets a minimal amount of hits, and no material gain was made in its usage In order for the Revdex.com to appropriately process your response, you MUST answer the question above Sincerely, [redacted]

We write in response to a complaint filed by [redacted] of G.A.S.Pof Colorado [redacted] received multiple cease and desist letters sent on behalf of our client Science Photo Library in connection with the protection of its worldwide copyright interests Science Photo Library is a leading provider of high quality, specialist scientific and medical stock images, photos, animations and videos for licensingWorking with top photographers, an array of scientific researchers, and medical experts, Science Photo Library has amassed a proprietary collection of works that includes a vast assortment of images ***'s unauthorized use and copying of at least one image of Science Photo Library constitutes a violation of Science Photo Library’s copyright rights under the Copyright Act, U.S.CSection et seq [redacted] has put us in touch with his insurance company which has agreed to make payment on behalf of [redacted] and [redacted] to Science Photo Library

Revdex.com:Our insurance agency contacted us later today and indicated that the issue has been resolved in reference to complaint ID ***, and find that this resolution is satisfactory to me and *** of Colorado
Sincerely,
*** ***

Claimaint's insurance company has agreed to make a settlement payment resolving the claim. The parties are currently exchanging paperwork that will resolve the claim. Please cease these wasteful emails

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# ***, and have determined that my complaint has NOT been resolved because:
Science Photo Library has yet to accept the very reasonable terms of payment proposed by our insurance company. Upon further investigation regarding the image used by *** of Colorado (Group to Alleviate Smoking Pollution) in an online article, it has been determined that the photo was first used well before Photo Science Library launched its web site and therefore *** asks that this issue be dropped and that Photo Science Library stop using questionable notification practices that appear to be scams.As mentioned previously, the letters received from Science Photo Library appeared to be scams since they came from a PO Box; the mail permit was from Wichita, Kansas; any individual; and the URL they mentioned describing the copyrighted image did not exist anymore did not sign the letter. To confirm if the letter was legitimate, an e-mail was sent to the e-mail listed on their web site *** on October **, A response was not received and so the letter was considered a scam and given to the postal service for investigationIt was not until a call was received from an attorney at Stern and Shurin eight months later informing *** that the matter had been escalated that the letter was considered validIn addition, on June *** an e-mail was received from the sales director at Science Photo Library confirming that they had contracted the series of the firm and of License Compliance Service (Piscout Inc).The Group to Alleviate Smoking Pollution (*** of Colorado) is a small 501-C-statewide nonprofit organization working to eliminate secondhand smokefrom the air we breathe at work, in public places, and in multiunit housing through education and advocacy. *** works to educate businesses about thepositive economic benefits of smoke-free policies, and provides resources that lead to smoke-free policies. The website where the image was posted, *** is an educational website providing information to assist housing providers and residents with implementing no-smoking policies in their buildings. *** also publishes a newsletter distributed to donors.Once it was verified that the complaint was not a scam, *** noted that the concern was about an image of a “depressed man crying” on the third page of a four-page article about complaints about smoking from residents in multiunit residential buildingsIt was posted in a subdirectory in the website at *** that has 20 different articlesIn the spirit of cooperation,all photos from the article were removed and it has been reposted on the websitewithout any pictures.The original four-page article about complaints from residents with the “depressed man crying” image originally appeared in ***’s newsletter, which was published the fall of 2011. *** was created October **, according to ***This is about a year after the first usage of the image in the *** newsletter and likely before Science Photo Library obtained the rights to the photo and added its logo to itThe image was probably found using Microsoft Office images web link and was likely free to use in 2011.Another reason this case should be dropped is that the image of the “depressed man crying” that was on one of ***’s web sites falls under the “fair use rule”since it was used for nonprofit educational purposes, it was a part of an article with many pictures, it was in a section of a web site that gets a minimal amount of hits, and no material gain was made in its usage
In order for the Revdex.com to appropriately process your response, you MUST answer the question above
Sincerely,
*** ***

Revdex.com:
Our insurance agency contacted us later today and indicated that the issue has been resolved in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and [redacted] of Colorado.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

Science Photo Library has yet to accept the very reasonable terms of payment proposed by our insurance company.  Upon further investigation regarding the image used by [redacted] of Colorado (Group to Alleviate Smoking Pollution) in an online article, it has been determined that the photo was first used well before Photo Science Library launched its web site and therefore [redacted] asks that this issue be dropped and that Photo Science Library stop using questionable notification practices that appear to be scams.As mentioned previously, the letters received from Science Photo Library appeared to be scams since they came from a PO Box; the mail permit was from Wichita, Kansas; any individual; and the URL they mentioned describing the copyrighted image did not exist anymore did not sign the letter.  To confirm if the letter was legitimate, an e-mail was sent to the e-mail listed on their web site [redacted] on October **, 2014.  A response was not received and so the letter was considered a scam and given to the postal service for investigation. It was not until a call was received from an attorney at Stern and Shurin eight months later informing [redacted] that the matter had been escalated that the letter was considered valid. In addition, on June [redacted] an e-mail was received from the sales director at Science Photo Library confirming that they had contracted the series of the firm and of License Compliance Service (Piscout Inc).The Group to Alleviate Smoking Pollution ([redacted] of Colorado) is a small 501-C-3 statewide nonprofit organization working to eliminate secondhand smokefrom the air we breathe at work, in public places, and in multiunit housing through education and advocacy. [redacted] works to educate businesses about thepositive economic benefits of smoke-free policies, and provides resources that lead to smoke-free policies.  The website where the image was posted, [redacted] is an educational website providing information to assist housing providers and residents with implementing no-smoking policies in their buildings. [redacted] also publishes a newsletter distributed to donors.Once it was verified that the complaint was not a scam, [redacted] noted that the concern was about an image of a “depressed man crying” on the third  page of a four-page article about complaints about smoking from residents in multiunit residential buildings. It was posted in a subdirectory in the website at [redacted] that has 20 different articles. In the spirit of cooperation,all photos from the article were removed and it has been reposted on the websitewithout any pictures.The original four-page article about complaints from residents with the “depressed man crying” image originally appeared in [redacted]’s newsletter, which was published the fall of 2011.  [redacted] was created October **, 2012 according to [redacted]. This is about a year after the first usage of the image in the [redacted] newsletter and likely before Science Photo Library obtained the rights to the photo and added its logo to it. The image was probably found using Microsoft Office images web link and was likely free to use in 2011.Another reason this case should be dropped is that the image of the “depressed man crying” that was on one of [redacted]’s web sites falls under the “fair use rule”since it was used for nonprofit educational purposes, it was a part of an article with many pictures, it was in a section of a web site that gets a minimal amount of hits, and no material gain was made in its usage.
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

We write in response to a complaint filed by [redacted] of G.A.S.P. of Colorado.  [redacted] received multiple cease and desist letters sent on behalf of our client Science Photo Library in connection with the protection of its worldwide copyright interests.  Science Photo...

Library is a leading provider of high quality, specialist scientific and medical stock images, photos, animations and videos for licensing. Working with top photographers, an array of scientific researchers, and medical experts, Science Photo Library has amassed a proprietary collection of works that includes a vast assortment of images.  [redacted]'s unauthorized use and copying of at least one image of Science Photo Library constitutes a violation of Science Photo Library’s copyright rights under the Copyright Act, 17 U.S.C. Section...⇄ seq.  [redacted] has put us in touch with his insurance company which has agreed to make payment on behalf of [redacted] and [redacted] to Science Photo Library.

Review: I run a small nonprofit organization here. On Oct **, 2014 I received a letter in the mail addressed to the organization that on the surface looked like junk mail. The letter came from a post office box in New York and the first class permit Wichita KS so I suspected right away it was junk mail. I did open it and found what looked like a form letter from Science Photo Library Ltd. The letter does not have a return address and was not signed by an individual. The letter said they had contacted me before and claimed that an image on one of our websites is not licensed that they would resolve the matter if I sent them $600. When I looked up the web site, [redacted] I saw that it is based in the UK. I sent them an e-mail asking them to confirm that they sent this letter and never heard back via email. I filed a complaint with the US Postal inspector on line and took the letter to my local post office as I believed and still suspect this may be a scam. Sometime after that a woman with a foreign accent called about it and I told her I had reported the matter to the postal inspector and was waiting to hear back from them. Late Monday of this week I of got a voice mail message from at attorney representing this firm about resolving the infringement of the copyright. I left a message and talked to a Jim Liou the next day, who represents the firm. I explained that we are a small nonprofit organization that makes no profit from the use of images at [redacted] and that any images we use are purchased at [redacted]. He asked that I investigate that and if that was the case to contact them. He claimed that the law firm sent me a letter on Oct **, but all I got was something that looks like a scam and may be a scam. When you call the website they claim to represent, sciencephoto.com, you get no answer. I sent emails today to three different individuals at the site asking them to confirm that this firm represents them and have yet to hear from them.Desired Settlement: The image they mention can be found on a number of sites and there is no indication it is copyrighted. I run a small nonprofit organization and the only staff. Our websites are primarily educational and we do not charge for any of our online materials. I ask that they dismiss this case and clean up their approach if it is bonafide like sending stamped register letter. Confirmation from the website would be helpful as well.

Business

Response:

We write in response to a complaint filed by [redacted] of G.A.S.P. of Colorado. [redacted] received multiple cease and desist letters sent on behalf of our client Science Photo Library in connection with the protection of its worldwide copyright interests. Science Photo Library is a leading provider of high quality, specialist scientific and medical stock images, photos, animations and videos for licensing. Working with top photographers, an array of scientific researchers, and medical experts, Science Photo Library has amassed a proprietary collection of works that includes a vast assortment of images. [redacted]'s unauthorized use and copying of at least one image of Science Photo Library constitutes a violation of Science Photo Library’s copyright rights under the Copyright Act, 17 U.S.C. Section 101 et seq. [redacted] has put us in touch with his insurance company which has agreed to make payment on behalf of [redacted] and [redacted] to Science Photo Library.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

Science Photo Library has yet to accept the very reasonable terms of payment proposed by our insurance company. Upon further investigation regarding the image used by [redacted] of Colorado (Group to Alleviate Smoking Pollution) in an online article, it has been determined that the photo was first used well before Photo Science Library launched its web site and therefore [redacted] asks that this issue be dropped and that Photo Science Library stop using questionable notification practices that appear to be scams.As mentioned previously, the letters received from Science Photo Library appeared to be scams since they came from a PO Box; the mail permit was from Wichita, Kansas; any individual; and the URL they mentioned describing the copyrighted image did not exist anymore did not sign the letter. To confirm if the letter was legitimate, an e-mail was sent to the e-mail listed on their web site [redacted] on October **, 2014. A response was not received and so the letter was considered a scam and given to the postal service for investigation. It was not until a call was received from an attorney at Stern and Shurin eight months later informing [redacted] that the matter had been escalated that the letter was considered valid. In addition, on June [redacted] an e-mail was received from the sales director at Science Photo Library confirming that they had contracted the series of the firm and of License Compliance Service (Piscout Inc).The Group to Alleviate Smoking Pollution ([redacted] of Colorado) is a small 501-C-3 statewide nonprofit organization working to eliminate secondhand smokefrom the air we breathe at work, in public places, and in multiunit housing through education and advocacy. [redacted] works to educate businesses about thepositive economic benefits of smoke-free policies, and provides resources that lead to smoke-free policies. The website where the image was posted, [redacted] is an educational website providing information to assist housing providers and residents with implementing no-smoking policies in their buildings. [redacted] also publishes a newsletter distributed to donors.Once it was verified that the complaint was not a scam, [redacted] noted that the concern was about an image of a “depressed man crying” on the third page of a four-page article about complaints about smoking from residents in multiunit residential buildings. It was posted in a subdirectory in the website at [redacted] that has 20 different articles. In the spirit of cooperation,all photos from the article were removed and it has been reposted on the websitewithout any pictures.The original four-page article about complaints from residents with the “depressed man crying” image originally appeared in [redacted]’s newsletter, which was published the fall of 2011. [redacted] was created October **, 2012 according to [redacted]. This is about a year after the first usage of the image in the [redacted] newsletter and likely before Science Photo Library obtained the rights to the photo and added its logo to it. The image was probably found using Microsoft Office images web link and was likely free to use in 2011.Another reason this case should be dropped is that the image of the “depressed man crying” that was on one of [redacted]’s web sites falls under the “fair use rule”since it was used for nonprofit educational purposes, it was a part of an article with many pictures, it was in a section of a web site that gets a minimal amount of hits, and no material gain was made in its usage.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

Claimaint's insurance company has agreed to make a settlement payment resolving the claim. The parties are currently exchanging paperwork that will resolve the claim. Please cease these wasteful emails.

Consumer

Response:

Our insurance agency contacted us later today and indicated that the issue has been resolved in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and [redacted] of Colorado.

Sincerely,