Re: ex web client is stealing my images and holding my poetry hostage

Hi Jim,

>Lori, if the ISP absolutely (absolutely) refuses to talk, and you can
prove a strong enough case, I'll bet you can find a lawyer who'll take the
case on spec with the idea they can earn a little glory by making some
net-history. Or maybe don't even both with the lawyer, go straight to the
DA. In the Age Of Enron I'll bet the courts are just gunnin' to nail the
hide of an irresponsible ISP to the wall of the barn and watch it dry in
the sun. :)

Here is what my ISP said:

>We are very aware of the Digital Millennium Copyright Act.  We would love to see this resolved as quickly as possible, however, we are not the ones who can decide which of you has the copyright ownership of the images that you are referring to.  Mr. St. Pierre (and his attorney) have informed us that you were paid for your work, which would make it a work for hire, therefore giving copyright to the one who hired you.  

The work being "work for hire" is not true, except where it concerns the code work for his site . I had posted my images on his poetry when I posted his poetry on MY OWN poetry site, way back last Sept. called Endtime Poetry--a Christian site where I post other's poetry.  When I designed his own poetry site he requested I just move the old page over to the new site with images included. He was a friend so I didn't even feel the need to make arrangements re rights for the images--it was never mentioned and I assumed I would be his webmaster for a long time so no problem forseen. So nothing regarding the images was "work for hire" except the Logo, but my rates concerning designing a basic site--as I state on my rates page (and that I have written proof that he carefully analyzed),  do not even include designing a logo for him.

My ISP continues:
>Your side is that you were not paid for the images, but we do not have any proof of that.  Since there is no written contract there is no definite line as to what you were or weren't properly compensated for.  In a dispute such as this, we are not qualified nor are we required to determine which one of you is the rightful owner, especially where so much of it is based on hearsay.  That is up to the legal system and the copyright office.  If you have more proof for your argu! ment, please let us, again we would love to see this all resolved as fast as possible. 

Up until they had heard from Mr. St.Pierre's lawyer they were more than willing to have me provide proof of my ownership of the images. So it's obvious to me they were just scared off by his lawyer.

There are only 4 copyright lawyers in my city. I called one asking if there was a lwayer on staff who would give me a free initial consultation for copyright infringement and they never called me back. After I get moved and have a phone again, I will try another lawyer. Thanks for trying to help.

Lori

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