Thursday, December 31, 2009

The “pseudo-journalist”/activist Naui Ocelotl Huitzilopochtli allegedly “pirates” my copyrighted images. . . .



Once again, I found that someone has taken liberties with my copyright protected images. In fact, I found more than one of my images used in multiple Youtube videos posted on Naui’s channel. I am not surprised. Naui appears to have used that dubious “right click” and “save picture as. . .” technology I described in a previous blog in order to steal my images so he could exploit them in his videos. The way I see it, he has absolutely no respect or regard for U.S. laws.

While living in Tucson during the mid-1980’s, a Mexican told me that the “rule of thumb” as far as property was concerned is, “If it isn’t nailed down, it’s yours.” To this day, I believe this to be accurate and true.

It has been my first hand personal experience that many Mexicans think they are above all of the laws of OUR land. Oddly enough, they don’t like obeying Mexican laws either. Murder, robbery and rape among this demographic seem to be popular on both sides of the border.

According to FBI crime statistics, minorities are responsible for 80% of crime in the United States. I wonder what percentage of crime in Mexico is committed by White Americans.

We should not be shocked or surprised. Many Mexicans honor and worship a fake “patron saint” of crime known as Jesus Malverde. (The existence of Malverde a.k.a. 'El Rey Guey de Sinaloa' is not historically verified.) I think they use this as a pitiful and lame justification for their barbaric and uncivilized behavior.

Any reasonable thinking human being knows that crime is not a religion. Of course, we cannot apply this reasoning when it comes to savages. In many cases, that is exactly what we are dealing with.

Only savages would leave many thousands of murdered, mutilated and decapitated bodies along the Mexican border(and border towns) from California to Texas.

Naui Ocelotl Huitzilopochtli http://www.youtube.com/user/nauiocelotl
(Is this really his given name?)

Mexica Movement and supporters go to support our people aganist Arpaio's white supremacy agenda in Pheonix Arizona .May 2nd 2009 .
http://www.youtube.com/watch?v=iMpEeL4ff2g&feature=PlayList&p=273F3C61ED89BDB1&index=11

As you can see, Naui is a horrible speller. It pained me not to correct it. He couldn’t even spell “Phoenix” correctly. He also claims, “Most all videos are filmed by me .If you want to use my videos ask permission first. Thank you .” I know for a fact that some of his material is not his. Naui expects US to ask permission to use “HIS” material, yet has the audacity to use another persons material without having the common courtesy or decency to ask permission. Do you see the double standard here? In my book, Naui is a hypocrite on top of being a thief.

A few days ago. . . .

YouTube: Copyright Infringement Notification Confirmation

Thank you for taking the time to submit your copyright complaint to YouTube. (The pleasure was all mine.) We will review your submission shortly.

Describe the work allegedly infringed:
Photos/video I took: MY photo that I have registered with US Copyright Office(1-246439301) I have a certificate.

Country where copyright applies: US

I state UNDER PENALTY OF PERJURY that:
1. I am the owner, or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
3. This notification is accurate.
4. I acknowledge that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Re: [#565694244] New YouTube Copyright Complaint Submission

From: "Copyright Service" copyright@youtube.com

Hi there,Thank you very much for your notification. The content has been removed.
Regards,The YouTube Team

My registered David Irving photograph was “pirated” too:

Joe Arpaio supporters attend David Irving's Holocaust Denial Tour
http://www.youtube.com/watch?v=5e9mWlkfYi0

This particular video had already been removed from YouTube due to another copyright infringement from another person on a previous occasion. Despite this action, it was promptly reposted on Naui’s YouTube channel. What does this tell you? Is this the work of law abiding citizens? Is this ethical? Is it legal? Is this respectable or honorable behavior? If you were in my shoes, would you be happy about this? The answer is, “ABSOLUTELY NOT!”

I actually shared some of the photos I took at the David Irving event. The only photograph I didn’t share was “hijacked” from my blog(July 11, 2009). As is almost always the case, my politeness and generosity was rewarded with a stab in the back. This is the sort of conduct that encourages me to be anti-social. Could anyone blame me?

All one had to do was ask. I probably would have allowed the use of my images free of charge provided I received credit. Instead, these sneaky little sh*ts chose to do things unlawfully behind my back.
.
All that money I sent to the U.S. Copyright Office was money well spent.

“I have struck a city - a real city - and they call it Chicago... I urgently desire never to see it again. It is inhabited by savages.”
--Rudyard Kipling

Wednesday, December 30, 2009

Battle Copyright Infringement: the DMCA Takedown Notice



I am still patiently waiting for Michael Lacey, the founder of the Payne Award for ethics in journalism winning Phoenix New Times to respond to my copyright infringement notice. I am not waiting idly by twiddling my thumbs or picking my nose. I am very busy exploring my legal options. Being a member of the National Press Photographers’ Association gives me the benefit of free legal advice. My gift of filling out forms and completing documents has also become most useful here.

My NPPA membership has cool benefits -free legal advice

Dear Mr. Hughes,

I would hope that the Phoenix New Times honors your take down request. I am not sure what you wrote but at the very least you need to tell them to take this picture off their site. Unfortunately, the damage has already been done if the image was picked up and posted elsewhere. As for monetary damages you will have to wait and see what they say. As I previously mentioned - the only way to recover for copyright infringement is through a federal lawsuit.
.
Good luck and please keep me updated.
Thank you.
Very truly yours,
Mickey H. Osterreicher, Esq.
69 Delaware Avenue
Suite 500
Buffalo, NY 14202

Digital Millennium Copyright Act

This allows you, as the copyright holder, to write letters to the ISP of the websites and ask that they take the images down. This "take-down" notice is very effective at getting the images off of the offending websites. But there are certain specific requirements to a take-down notice.

Enacted in 1998, the DMCA implemented treaties signed at the 1996 World Intellectual Property Organization (WIPO) Geneva conference. It addresses many issues, one of which affects photographers directly in this situation. The DMCA states that while an Internet Service Provider (ISP) is not liable for transmitting information that may infringe a copyright, the ISP must remove materials from users’ websites that appear to constitute copyright infringement after it receives proper notice.
http://www.naturescapes.net/docs/index.php/articles/314

Q. How do you find the hosting ISP?
A.
http://www.whois.net/

WHOIS information for phoenixnewtimes.com :

Registrant: Village Voice Media
Registered through: GoDaddy.com, Inc. http://www.godaddy.com
Domain Name: PHOENIXNEWTIMES.COM

Domain servers in listed order:
NS0.DNSMADEEASY.COM
NS1.DNSMADEEASY.COM

This procedure was almost too easy. It was like “following the bouncing ball”. I simply drafted a letter to: complaint@dnsmadeeasy.com All I did was “fill in the blanks” using the same “copy and paste” techniques today’s ethical journalists seem to enjoy using on the form letter template and I was ready to send.

To the ISP Hosting Company:

This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified postings and prevent the infringer, who is identified by its web address, from posting the infringing photographs to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photographs upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

I have a good faith belief that use of the material in the manner complained of here s not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.
.
Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.

Sincerely,
 
Harry L. Hughes III
Admin@harryhughes.net
 
I will give the Phoenix New Times until the end of the year to voluntarily remove the infringed content before launching this protection tool. Until then, Happy New Year!!!
 
"Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear." --Harry S. Truman

Monday, December 28, 2009

Public trust in the media is a joke! Update: My intellectual property rights. . . .



In regards to MY famous photo, I provided the Phoenix New Times with notice well in advance of the December 8, 2009 infringement on my copyright. I wrote the New Times editor, Peter Storch and advised him of the situation. Apparently, the New Times doesn’t care about the rights of “the little guy”. The media seeks to exploit people regardless of their station(s) in society.

Four days after writing Peter Storch, I registered my photograph(s) with the U.S. Copyright Office. I was not kidding. I’m quite serious about protecting and defending all of my rights as a U. S. Citizen.

Allowing someone to step on just one of your rights, invites them to step on and violate ALL of your rights.

The Phoenix New Times had ample advance notice:

Monday, September 14, 2009
 
Mr. Storch,
 
A photograph that belongs to me was printed in the New Times on two separate occasions. It was also used online. In all cases it was published without my permission. I didn't even receive credit for it.

If I'm not mistaken, over 200,000 copies were distributed between the two printings.
.
This photograph was also used in an "out of context" manner that was very damaging to a local political figure. That particular official is also being notified of this problem. Breaking the law is breaking the law.

Issues in question:

May 7-13, 2009 on the top of page 10
May 14-20, 2009 on the top of page 15

The original image is on the SD card in my camera, it's also on my blog and website. The word "COPYRIGHT" appears on the bottom of my web page. I'm under the impression that those words mean nothing to the New Times.

I became disabled a couple of years ago and was attempting to re-hatch myself as a photographer. If stealing is part of the job description of a “photo-journalist“, I would rather stay poor on disability and food stamps.

I have made copies of this letter for the purpose of making sure the truth is told.
 
Sincerely,
Harry L. Hughes III

Note: As it should happen, I never heard from Peter Storch. I am not at all surprised that he decided to completely ignore me. If he thought I was just going to fade away, he was dead wrong.

The “media bosses” vs. “the little guy”:

The media bosses are very much aware that going to Federal Court requires “big” lawyers and “big” money. This is something “the little guy” normally cannot afford. This inequality in justice(injustice) makes it easy for the media bosses to step on “the little guy”. As far as I’m concerned, the law does little or nothing to curb the theft of intellectual property. Hell, our judicial system can’t even keep cop killers and child rapists off the street!

New Times Honored for Ethics in Journalism

Monday, May. 12 2008 @ 12:43PM

New Times founder and executive editor Michael Lacey accepts the Payne Award.
.
New Times was presented the Payne Award for Ethics in Journalism at ceremonies at the University of Oregon in Eugene.

The award goes to journalists who “encourage public trust in the media by courageously practicing the highest standards of the profession in the face of political or economic pressures.”
http://blogs.phoenixnewtimes.com/valleyfever/2008/05/new_times_honored_for_ethics.php

The highest standards of professionalism? Public trust in the media? One doesn’t EARN trust by stepping all over one’s copyright. I guess the political and economic pressure finally got to their heads sometime during the last 18 months.

Not only was my photograph used without my permission, it was also incorrectly captioned. "National Socialist Movement member Thomas Coletto with Sheriff Joe Arpaio." Thomas Coletto was NOT an NSM member at the time the picture was taken. In fact, he was never a member. Wearing black BDU’s(Battle Dress Uniform) doesn’t automatically make the Caucasian wearer an NSM member. Many police officers happen to wear black BDU's. Are they all NSM members too?

In today’s world, journalistic talent and ability appears to have been replaced with "right click" and “save picture as. . .” technology.
.
I will post more updates as this story progresses. As of Monday afternoon, I have not heard a word from the New Times or Michael Lacey. If I were them, I'd be asking my lawyer what to do.
.
"Corruption, lying, and hypocrisy are the fundaments of public life in America. The way to the top is not through personal integrity and patriotism and the ability to serve effectively; it is through a candidate's skill in charming voters and in lying without getting caught." --Dr. William L. Pierce

Sunday, December 27, 2009

Village Voice and Phoenix New Times step on my rights. . . .



I took a now locally famous(some may say infamous) photograph during an illegal immigration march outside of Sheriff Arpaio’s Tent City on May 2, 2009. This image has appeared in hundreds of thousands of copies of the Phoenix New Times(at least three editions), Youtube videos and on various blogs. Not one of these media outlets bothered to ask my permission or give me credit for my work. I have since acquired copyright protection of this and other images through the U.S. Copyright Office.

The most recent unauthorized user of my image is Michael Lacey of the Village Voice/Phoenix New Times.

The Pink Negro: As an Ivy League Lawyer, is President Barack Obama Hard Enough to Confront the Evil Personified by Sheriff Joe Arpaio?

By Michael Lacey
Published on December 08, 2009 at 4:13pm

Here, in Phoenix, Arizona, we enjoy little peace; indeed, we live in the chaos generated by a reign of terror that Obama has done little to address.

Yes, his federal investigators are here examining the assaults against human rights perpetrated by Sheriff Joe Arpaio and County Attorney Andrew Thomas.

I sent Michael Lacey a notice informing him that there is a copyright violation.

NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT

I have some bad news for you. An image in your article happens to be protected under U.S. Copyright. You used it without my permission.

I also noticed that it turned up in print in the Phoenix New Times December 10-16 Volume 40 Page 26

In the past, I was rather generous as far as the use of my photographs were concerned. I might have been willing to let this issue slide if I were given credit for it.

I am going to have to ask you to take this image down.

I have registered this image with the U.S. Copyright Office. Thomas Coletto, a known criminal and creator of the Photobucket account in question, had without my permission, taken this image and posted it online with the intent of using it in a negative context. I can send you a copy of my copyright certificate from the U.S. Copyright Office if needed. Photobucket has removed the image from Coletto's account.

My response from Photobucket:

Dear Harry Hughes,

Thank you for your request. Photobucket removed the content located at the following link(s):
http://s570.photobucket.com/albums/ss147/NSMPHX/IMG_0065ARPAIO.jpg

which request was based on your stated belief that such content infringes your copyrights. As you may be aware, Photobucket does not itself distribute, store, or make available most of the content or files available through its service. Rather, most all such files or content are put forth by individual users, and Photobucket has limited control over the content its users may choose to share. Nevertheless, Photobucket respects copyright laws and expects its users to do the same.

Please be advised that Photobucket has removed the above-mentioned content from its website.
.
Photobucket's response as set forth herein is a good-faith attempt to courteously comply with your request at face value. It should not be taken as an admission or acknowledgment, of any kind, and Photobucket expressly reserves all rights at law or in equity.

Should you have any questions about this matter, please contact Photobucket's Designated Copyright Agent:

Daniel J. Cooper
Designated Copyright Agent
Photobucket.com, Inc.
PO Box #13003
Denver, CO 80201
abuse@photobucket.com
Fax: 303.395.1165

Sincerely,

Your Photobucket Support Team
 
From the U. S. Copyright Office:

The following files were successfully uploaded for service request 1-246439301File Name :IMG_0065.JPGFile Size :115 KB

On Fri, 9/18/09, Copyright Office <cop-rc@loc.gov> wrote:
From: Copyright Office <cop-rc@loc.gov>
Subject: Acknowledgement of Receipt
Date: Friday, September 18, 2009, 12:42 PM
.
Thank you for submitting your registration claim using the electronic Copyright Office (eCO) System. This email confirms that your application and fee for the work "The Photo" was received on 09/18/2009. The following applies to registration claims only (not preregistrations):
.
The effective date of registration is established when the application, fee AND the material being registered have been received. If you have not yet sent the material to be registered, logon to eCO and click the blue case number associated with your claim in the Open Cases table, then do one of the following:
.
For digital uploads: Click the Upload Deposit button at the top of the Case Summary screen, then browse and select the file(s) you wish to upload. Note: only certain classes of works may be registered with digital deposits (See FAQs: http://www.copyright.gov/eco/faq.html#eCO_1.4).
.
For hardcopy submissions: Click the Send by Mail button at the top of the Case Summary screen, then click the Shipping Slip link that appears in the Attachments table. Print out and attach the shipping slip to the copy(ies) of your work. For multiple works, be sure to generate and attach separate shipping slips for each work. You will be issued a paper certificate by mail after the registration has been completed. You may check the status of this claim via eCO using this number [1-246439301].
.
[THREAD ID: 1-42TZB2]
United States Copyright Office

My “legal” Statement:

I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)

I hereby state that the information in this Notice is accurate and, under penalty of perjury that I am the copyright owner, or authorized to act on behalf of the copyright owner or I am authorized to act under an exclusive right of the copyright that is allegedly infringed.

Harry L. Hughes III

NPPA (National Press Photographers' Association) member #258144
.
It will be quite interesting to see what Mr. Lacey has to say to my request to take down MY image. I will update this story as more details become available.