Adams Memorials Image Infringement Etched In Stone In Indiana!

Huntington Beach, CA, Monday, March 15, 2004. Leslie A. Kelly announced today that his settlement efforts on behalf of Cheryl A. Harris in the matter copyright infringement by Wendall and Carol Adams, Owners, Adams Memorials, Charleston, Illinois and their employee "Pierson" has been completed. Adams Memorials has taken its website off the Internet. Adams Memorials has removed the tombstone bearing the illegal derivative of Ms. Harris' image from the Terre Haute cemetery. Adams Memorials has turned the matter over to Mike Klippel, Indiana Insurance, Terre Haute, Indiana, for its handling of financial issues arising from Harris' claims.

Indiana Insurance, however, has refused to compensate Harris for the illegal use of her image by Adams Memorials. Adams Memorials is apparently dealing with its clients concerns, but not those of Ms. Harris, despite the fact that its employee "Pierson" violated Ms. Harris' rights and has exposed Adams Memorials to potential criminal prosecution for removal of Harris' copyright management information based on 17 USC §1204. Ms. Harris has begun her own legal pursuit of this matter with local counsel.

Huntington Beach, CA, December 15, 2003. Leslie A. Kelly announced today Carol Adams, Owner, Adams Memorials, Charleston, Illinois advised Kelly that her firm is represented by William A. "Tony" Sunderman, Esq., senior partner in the Brainard Law Offices, Charleston, Illinois. Attorney Sunderman is also the distinguished Chairman, Judicial Inquiry Board, State of Illinois. When Kelly spoke briefly with Sunderman, he was advised that a response was being prepared in the matter of copyright infringement by Adams Memorials, Charleston, Illinois of a pencil drawing by Cheryl A. Harris, CHERYL A. HARRIS DESIGN & ILLUSTRATION, Covington, Indiana, as noted below.

Kelly has noted that Adams Memorials is a member of the Monument Builders of North America, Chicago, Illinois. Among the services touted by Adams Memorials is its Special Designs, "We have a nationally renowned etching specialist on staff to personalize a monument just for you." The Monument Builders of North America, Chicago, Illinois website acknowledges the ability of its members to create literally any type of image on a tombstone, or make an illegal derivative as has happened with Ms. Harris's image, when it states: "Modern technology now allows monuments to be shaped, quite literally, into any form you can envision. Techniques such as sandblasting, shape carving, laser and hand etching, now allow intricate scenes and portraits to be placed onto the stone." Kelly also notes that the Monument Builders of North America will hold its annual convention in Galveston, beginning January 31, 2004. Perhaps the issue of copyright infringement will be a topic for review, or at least a topic of discussion, although the current schedule posted on its website does not touch on this point. Certainly, the issue of "takedown" of a copyright infringement "etched in stone" would make for a lively topic. It really isn't just a "Right Click, Delete" action when it is "etched in stone!"

Huntington Beach, CA, November 24, 2003. Leslie A. Kelly announced today on behalf of Cheryl A. Harris, CHERYL A. HARRIS DESIGN & ILLUSTRATION, Covington, Indiana, that he has implemented a takedown demand for copyright infringement and seeks damages against Adams Memorials, Charleston, Illinois. Harris, an accomplished pencil artist, recently discoverd that one of her drawings was literally "etched in stone" on a tombstone in an Indiana cemetery. The tombstone images was apparently created by employee Pierson of Adams Memorials and who stole Harris's identity by removing her legally correct copyright management information and replacing her name with "Pierson", etched into the body of the infringed image which is on a tombstone! Says Kelly, "I've never seen an image infringement and removal of copyright management information literally etched into stone. It will be a challenge for the infringer to wipe the slate clean on this one! Removal of copyright management information is a criminal offense that can lead to prison time and fines!" Apparently Adams Memorials is one of a growing number of monument builders that is using new, high technique scanning equipment to create innovative designs "etched" onto tombstones. Too bad they didn't ask before they etched!

Amish Furniture of Chatfield

"A resolution in the matter of Amish Furniture of Chatfield (MN) has been reached." August 2003

Huntington Beach, CA, July 5, 2003. Leslie A. Kelly announced today on behalf of Bill Coleman, President, Bill Coleman, State College, Pennsylvania, that he has filed a Notice of Copyright Infringement for profits and damages against Amish Furniture of Chatfield, 223 South Main, Chatfield, MN 55923 and Amish Furniture of Chatfield's owners Kelly Novotny and Gary Wondrow. Amish Furniture of Chatfield, operated by Kelly Novotny and Gary Wondrow, is a retailer of Amish handcrafted furniture. Amish Furniture of Chatfield has illegally downloaded 18 images and graphics, to include their main logo, from Coleman's web site which features photography taken over the past 30 years of an Amish community. Kelly alleges that Amish Furniture of Chatfield has downloaded Coleman's images to create the connection between their furniture, the Amish lifestyle and the reputation of the Amish for excellent craftsmanship to promote and advance their own business interests without any benefit to Mr. Coleman.

At the Amish Furniture of Chatfield, the virtues of the Amish and their furniture include the words "honest, fair business." It would seem that Kelly Novotny and Gary Wondrow forgot about honesty when sourcing their images from Coleman's web site! Kelly is seeking profits and damages to resolve this image theft by Amish Furniture of Chatfield.

Coleman, a distinguished photographer of the Amish lifestyle, has published two books about the Amish, Amish Odysseyand The Gift To Be Simple, and sells prints from his distinguished collection of images. Kelly is seeking profits and damages for this egregious infringement of Coleman's images.

Gary Wondrow, Owner, Amish Furniture of Chatfield, Minnesota, filed a complaint of "fraud" with the Federal Bureau of Investigations's (FBI) "Internet Fraud Complaint Center". The baseless claim, covered off in a very pleasant conversation with Chatfield's Chief of Police Tony Pangal, is, in Kelly's opinion, a fraudulent effort designed by Gary Wondrow to counter the charges of illegal use of images on his own website. Whatever Wondrow intended, his baseles claim was a waste of taxpayers money!

In keeping with Wondrow's efforts, and most likely driven by this matter, an e-mail was sent to Kelly by "Bxk2311@aol.com": "I reviewed your website today, and at first thought it was a humor site. I then realized that the lawsuits referenced on the site were actually real.

"The Digital Millennium Copyright Act seems to have created a thriving 'consulting' business for you that I'm sure generates quite a nice cash flow. Never mind that several of the people you're going after seem to be innocent abusers of copyrighted material, and their 'violations' are creating no measurable damages.

"I believe you're a prime example of why the US legal system is out of control. It pains me to know that you probably sleep very well at night." Kelly notes that few people are willing to acknowledge their theft and pony up to compensate for their theft from artists, be they singers, photographers or writers! And, I've never met an "innocent abuser" of copyrighted material, never!

Family Gathering Infringes Yoder

The Amish Collection

Huntington Beach, CA, May 13, 2003. Leslie A. Kelly announced today on behalf of Doyle Yoder, President, DYP, Inc., Berlin, Ohio, that he has implemented a takedown demand for copyright infringement and filed a Notice of Copyright Infringement for profits and damages against The Amish Collection, Eureka Springs, Arkansas,its website developer, Digital Creative Services and its Internet Service Provider, Digital Creative Services, both also of Eureka Springs, Arkansas. The Amish Collection, a retailer of Amish made furniture that is operated by Joe and Sandy McClung, has used Yoder's copyright registered image at its website since approximately May 2000.

In order to create the visual connection between its merchandise for sale and the reputation of the Amish as well known craftsman, noted for their quality products, The Amish Collection has used Yoder's image of an Amish farm on the front page and contact page along with the text, "Fine Amish Made Furniture" and "We started our store in 1999. Beginning with a vision of Joe & Sandy McClung, proprietors of The Quilt Shop. They purchased Amish beds to display their beautiful quilts and their customers became interested in the furniture also. Seeing a need for Heirloom Quality furniture in the Ozarks, they, with his brohter [sic] Terry and friend Randy Johnson, decided to open The Amish Collection.

"It takes 50 Amish farms spread out over several states to fill our store."

Additionally, says Kelly, The Amish Collection has also made false claims of copyright ownership by stating on pages which contain the images, "Copyright © 2000, 2001, 2002, 2003 The Amish Collection."

Huntington Beach, CA, Monday, June 16, 2003. Leslie A. Kelly announced today on behalf of Doyle Yoder, President, DYP, Inc., Berlin, Ohio, that since May 13, 2003, he has had an interesting exchange of e-mails and mail correspondence with Ms. Patti Flores, Terrence McClung (of The Amish Collection) and/or Matt Bishop, Thurman & Bishop, a lawyer in Eureka Springs, Arkansas but there has been no settlement acceptance yet. Ms. Flores has advised in an exchange of e-mails that Joe McClung, co-owner of The Amish Collection, presented her with a digital file containing Yoder's image for use at The Amish Collection website. Flores has further indicated that she considers Joe McClung to be honest and is considered an outstanding citizen in Eureka Springs. After Kelly sent an e-mail and challenged the Joe McClung family to be honest and accept responsibility for the theft and their more than three year usage of Yoder's image, Terrence McClung responded only to state that "We discontinued using your picture quite some time ago. We, or someone had missed the one link you had referenced. It is now down. We have no intentions of using the picture in the future. I am sorry for any inconvenience. Thank you, Terrence P. McClung" Terrence McClung completely ignored the reality of the theft, the actual length of time of usage and the fact that the image was an integral part of his family's website until May 2003, and not a "missed link".

Both Flores and Joe McClung have retained the services of Matt Bishop, Thurman & Bishop in response to additional efforts by Kelly to settle the matter of copyright infringement. Bishop sent a letter on June 3, 2003, advising Kelly that "I have been retained by the McClungs to respond to your emails regarding Mr. Yoder. ... At this time, the McClungs have no interest in making a payment to Mr. Yoder, so further correspondence is unnecessary." So much for honesty and integrity in sourcing of images by the McClung family. Bishop further noted that "In the event that Mr. Yoder retains an attorney, that individual is more than welcome to contact me to discuss this matter further." So much for trying to amicably resolve the theft and conversion of Mr. Yoder's image by the McClung family through Matt Bishop.

Interestingly enough, with respect to theft and conversion, those charges (as well as conspiracy) were actually filed earlier this year against the law firm of Thurman & Bishop by Parker Law Firm, Ltd., seeking compensatory and punitive damages of $2.5 million, according to a news article posted by Ms. Flores to the Lovely County Citizen online news website, "Law firm sues lawyers", Pflores Posted @ Friday, February 21, 2003

By Bill King:
"A Eureka Springs law firm is suing two attorneys who until last month were associates at the firm. According to the complaint filed by Parker Law Firm, Ltd. in Carroll County Circuit Court Feb. 6, attorneys Greg Thurman and Matthew Bishop left the firm and took 180 active case files with them in a conspiracy to keep attorneys' fees generated by those cases." Full Story.

Kelly continues to seek settlement in the case and avoid unnecessary legal costs to Mr. Yoder for the theft of his image by Joe McClung.

Huntington Beach, CA, December 1, 2003. Leslie A. Kelly announced today that on May 15, 2003, he intercepted an e-mail via his "Live Stats File" from "Wubba SE Ohio to Carrie" regarding the sourcing of images for Amish goods related websites which states: "Where can Amish photography be bought?" Response: "Carrie, Have you done any web searches? I am personally familiar with Doyle Yoder, and Leslie Kelly of Holmes Co. Ohio. Together these men put out Books (numerous) calendars, jigsaw puzzles, postcards, etc., and they are ~breathtakingly beautiful~. http://www.ohioamish.c om **But DO NOT use their work unauthorized...** http://NetCopyrightLaw .com/Settlements.asp.
-Wubba SE Ohio"

Notes Kelly, after reading this e-mail, he has redoubled his efforts to find copyright infringement wherever it might be. It was after discovering copyright infringement by tour company operator Rick Bogin at Plymouth Travel, Kelly took several weeks to research the Net using the top image seach engines. Kelly subsequently discovered nine travel related websites that have infringed his and business partner Doyle Yoder's images. A number are religious based websites which despite their alleged heritage don't seem to differentiate between image theft and licensed image use. It seems that even Christian tour operators would rather "right click, download" than get right and honor the commandment, "Thou Shalt Not Steal!", and pony up licensing fees for copyright registered images! It would appear that even tour operators see images on the Net as "FREE!" Not! Wubba, whoever you are, thanks for the compliment! Settlement demands have been sent, dated December 1, 2003, for the following websites:

Huntington Beach, CA, October 27, 2003. Leslie A. Kelly announced today that he has sent a Notice of Copyright Infringement for profits and damages against Plymouth Travel, Plymouth, New Hampshire. Plymouth Travel also operates a second mirror website at http://www.cruise-docktors.com for this full service tour business featuring Motorcoach Tours, International Tours and Sea Cruises. Plymouth Travel has infringed his copyright registered image of a horse and buggy, taking unfair advantage of the extensive development of his Amish.Net website and icon that represents the Amish Lifestyle. Plymouth Travel has used four images since approximately October 2002.

Kelly also filed a DMCA Takedown Notice with Eric J. Branfman, Esq., Swidler, Berlin, Shereff, Friedman, LLP, Washington, DC, and sent a copy to WorldPath Internet Services, the ISP for Plymouth Travel. In the notice, Kelly pointed out that WorldPath Internet Services was not properly in compliance with the DMCA requirement at 17 USC §512(c) to post Copyright Infringement Notice Information at their website. Rather than take the expeditious action required by the DMCA to avoid sharing liability with their client, WorldPath Internet Services visited NetCopyrightLaw four times, to include this look at their certain liability via Google, but failed to act on the takedown demand:

2003-10-27 21:43:43 206.152.181.29 - /pdf/Kellyv...05222003.pdf - 200 0 Mozilla/4.0+(compatible;+MSIE+6.0; +Windows+NT+5.0;+Q312461) http://www.google.com/search?hl=en&ie=UTF-8 &oe= UTF-8&q=ISP+can+be+exempted+from+liability +for+the+posting+&btnG=Google+Search

On November 1, 2003, Kelly spoke with Rick Bogin, Owner, Plymouth Travel. Bogin advised Kelly that a young high school student managed their website, that she had sourced the image and that he would have her provide payment for infringement via her VISA Credit Card. Bogin stated he felt that he did not owe anything to Kelly because, so he claimed, Plymouth Travel had never sold any of the tours for which the image was used. Once again, those who steal images, when caught, claim that it has never been of any benefit. Interesting to note, one of the images that Bogen uses at Plymouth Travel has been replaced with a derivative of an image taken from another commercial website! Odd that Bogin, twenty year owner of Plymouth Travel, would keep the web page in use when it doesn't sell any travel packages.

Switching images when theft is confronted with another taken from a third website has a distinct ring to one that is currently in litigation by Kelly: Case No. CV03-6812 AHM (RZx), that names Defendants James E. Brown, LIVE DIGITAL TECHNOLOGIES, INC., a Michigan corporation, Crystal H. Brown, IHS DIGITAL TECHNOLOGIES, INC.

December 11, 2003. Kelly has received a letter from Ms. Mellonee Owneby, who identifies herself as co-owner of Burke's Christian Tours with Nancy & Udean Burke, who confirmed that their company used Yoder's images in both printed and online tour catalogs over the past several years without permission to publicize their Pennsylvania Amish Country tours. However, they simply offered their "sentiments" to Mr. Yoder rather than any monetary settlement. Notes Kelly, "I am surprised but not shocked that Burke Christian Tours is simply just another company who has used Yoder's images, illegally and without permission, to profit while offering only "sentiments" for Yoder rather than compensation for their ill gotten gains! Christians, or not, those who make illegal use just don't want to compensate those from whom they profited! Burke Christian Tours has again been offered the opportunity to settle the matter by December 31, 2003."

Despite bearing the name Christian in its title, Burke Christian Toursunfortunately has infringed Yoder's copyright registered image of Amish school children near Rockville, IN, with various derivates over the past several years to promote its four different tours to Pennsylvania in 2003 and a copyright registered image of an Amish Man Working in Northern Indiana in its 2001 and 2002 motorcoach tour titled Indiana Acres of Amish, a rip off of the Amish Acres of Indiana, a well known tourist complex in Northern Indiana.

Additionally, Kelly has sent a DMCA Takedown Demand to Burke Christian Tours' ISP Gestalt Technology, LLC for the continued egregious infringement of Yoder's image. Gestalt Technology, LLC, Hickory, North Carolina, does not have the required DMCA contact information on its website and has not registered with the US Libary of Congress' Copyright Office as "Service Provider of Agent for Notification of Claims of Infringement" in order to avoid sharing the liability of its client for the infringement of Yoder's images.

Despite receipt of a notice of copyright infringement and demand for a signficant amount in damages, Burke Christian Tours continues to infringe Yoder's image! They apparently don't understand the gravity or the concept of theft of a copyright registered image!

Related to Burke Christian Tours, Burke Educational Travel, too, has taken liberty with a derivative of Yoder's copyright registered image to promote its school tours without benefit of licensing. Kelly has outlined the issues of its infringement in a letter to Jim Stocker at Burke Educational Travel.

Stocker's reaction upon receipt of notice of copyright infringement? Delete Yoder's image, change up the appearance of the website and apparently ignore the reality that Burke Educational Tours has profited to the detriment of Yoder over the course of years of its illegal use.

Randy Clark, who specializes in Senior based travel, at Clark Tours, operates some twenty tours each year. He used two of Yoder's copyright registered images to promote his tours! Kelly issued a takedown demand to Yahoo! Inc. as well as a settlement proposal to Clark who apparently just completed two tours to Ohio's Amish Country using Yoder's images to promote the tours!

Employee Louis P. Lee sent an e-mail soon after receiving Notice of Copyright: "I sincerely apologize for the unauthorized use of the picture on clarktours.net website. I am usually very careful and use photos in the public domain when our own photos are not available." Notes Kelly, this is the most straight forward "confession" of theft by "right click, download" received in a long time! Oddly, however, Mr. Lee noted only use of "the picture" when in fact he downloaded two pictures belonging to Mr. Yoder and covering two separate copyight registrations.

Bobby Watson, owner/operator of Bobby's Discovery Tours, another very Christian based tour operator, used one of Yoder's Indiana images to promote tour to Ohio. Not only that, he gave Yoder credit for two other images belonging to another photographer!

In what appeared to be a positive response to claims of copyright infringement, Bobby Watson, Owner, Bobby's Discovery Tours, called Kelly and left a message in which he pointed out that he did not condone copyright infringement and was not aware that his website operator had used any images for which he did not have permission to use. Mr. Watson stated in his phone message that he has taken his website down pending a full review of all images used on his website. While Mr. Watson has made this claim, he has not taken down his website. He has only replaced his splash page with a note that his website is under review. He stopped short of offering Yoder a financial settlement and he did ask that Kelly contact him to discuss the matter. Kelly returned his phone call but Watson has not called back with a proposal to settle the matter. Watson claims that his website has been taken down but in reality, it has not, as anyone can verify the continued infringement of Yoder's image by clicking here! If one cannot believe a Baptist Minister, who can they believe?

On December 24, 2003, Kelly found out that not only can you not believe a Baptist Minister who operates "Christian" tours but you cannot believe the Attorney that he hires! Attorney James Stone Craven, Esq., RALPH BAILEY, P.A., sent a letter to Kelly in which he stated that Watson relied on his web designer to validate permissions. Further, Attorney James Stone Craven, Esq., emphatically stated that "Mr. Watson has removed the image from his site and has no intention of reinstating the image. ... We consider this occurrence to be concluded." Unfortunately for Bobby Watson, his web designer Dale Moseley of Zander Concepts and for his Attorney, James Stone Craven, Esq., this emphatic statement is factually not true! The image has not been deleted from the server and can readily be seen by clicking on this link:http://bobbysdiscoverytours.com/photos/ohioamish.jpg If you can see it, then an image search engine spider can find it and link to it, starting another potentially vicious cycle of copyright infringement. The image has NOT been removed and the "occurrence", defined as "an everyday occurrence; a happening of no great importance" by the American Heritage Dictionary, is in no way "concluded," comments Kelly. Additionaly, he notes, the effort by Attorney James Stone Craven, Esq., to trivialize the theft of Yoder's image by Watson's web designer will backfire!

On January 5, 2004, Yoder advised Kelly that he has sent a Notice of Copyright Infringement Letter to Cleveland area based tour operator Lakefront Lines, Inc. regarding the illegal use of a copyright registered image taken in Homes County, Ohio, to create two distinct derivative images incorporated into logos to support and promote its tours to Sherman, New York and Ohio's Amish Country. Yoder is seeking profits and damages in this matter.

Huntington Beach, CA, Tuesday, September 6, 2005.. Leslie A. Kelly announced today that he has sent a Notice of Copyright Infringement for profits and damages against Glory Tours, Madison, Alabama,and New Heart Designs & Hosting, Inc., Huntsville, Alabama its Internet Service Provider. Kelly alleges that Glory Tours has infringed his copyright registered image of a horse drawn buggy to promote its tour business while taking unfair advantage of the extensive development of his Amish.Net Website which has very high ranking for Amish Lifestyle, Amish tourism Tennessee, Amish tourism, Amish furniture, Amish quilts, etc The image is the major theme icon that represents the Amish Lifestyle. Glory Tours has illegally used the image at their page for Ethridge, Tennessee tours, and on their front page, as the lead image of a slide show for all of their tours at its website, since approximately January 2005. New Heart Designs & Hosting, Inc., Huntsville, Alabama, its Internet Service Provider, is included in the notice because it has not protected itself against its client's action as required for On Line Service Providers.