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by Bill Lockhart on Tue Jul 10, 2012 8:42 am
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Greg Basco wrote:
I think this is the absolute worst thing one can do as a professional photographer -- just incredible. Best of luck, Bill, in getting this resolved to your satisfaction and teaching this guy a lesson he hopefully won't forget.

Cheers,
Greg


Thanks Greg. I appreciate your encouragement.

I am not alone in this matter, two other photographers may have also had their photographs infringed.

Best regards,

Bill


Last edited by Bill Lockhart on Tue Jul 10, 2012 2:27 pm, edited 1 time in total.
 

by Rocky Sharwell on Tue Jul 10, 2012 10:40 am
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Bill,

Sorry you have been through all of this crap but I am glad you are fighting rather than giving in
Rocky Sharwell
 

by John Guastella on Tue Jul 10, 2012 12:35 pm
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Bill, I appreciate everything you have gone through and share your anger at the person who has allegedly infringed your images. But I hope your additional actions -- contacting LowePro and Google, and continuing to publicly discuss the case on this forum -- are being done with the advice of legal counsel. If you go too far in going after the alleged infringer, you could potentially open yourself up to a countercomplaint (plain English: the guy could sue you) if the alleged infringer decides to argue that your actions are damaging his business.

Just a word of advice from someone who has had some personal experience with lawsuits (although not within the current context of copyright infringement).

John
 

by Bill Lockhart on Tue Jul 10, 2012 1:22 pm
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John,

My actions with Google had nothing to do with Mr. Lissick.

Everything I have said here regarding the infrigement is factual, all other matters are public records.

In life, one either stands up for what one believes, or one hides in a closet with fear.

I am a Christian, I wish no one harm. I live by the adage: "Do to others as you would have them do to you."

Whether Mr. Lissick is successful as a Professional Photography Tour Provider is totally up to him. What I have found is that people who are successful at what they do are honest, well organized, competent, and human. The key to success lies in these words. Believe it or not, but the world will beat a path to the door of an honest and competent person.

I fear no man, and harbor no anger for anyone, and this includes Mr. Lissick.
 

by Paul Skoczylas on Tue Jul 10, 2012 3:21 pm
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Unfortunately, Bill, the facts have very little to do with whether or not someone will sue you.

If the facts support you, then you have a decent chance of winning in court (but certainly not 100% guaranteed if the other guy has better lawyers or the judge doesn't like you). Win or lose, in court, if you are sued, you will expend a lot of time and money fighting the case. Even if you win, don't expect to get all your legal fees paid by the other guy, although you should get some (if he ever pays what he's ordered to). And you can never get the time back. Not to mention the amount of stress it can cause in your life.

-Paul
 

by Bill Lockhart on Tue Jul 10, 2012 3:53 pm
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Paul Skoczylas wrote:
Unfortunately, Bill, the facts have very little to do with whether or not someone will sue you.

If the facts support you, then you have a decent chance of winning in court (but certainly not 100% guaranteed if the other guy has better lawyers or the judge doesn't like you). Win or lose, in court, if you are sued, you will expend a lot of time and money fighting the case. Even if you win, don't expect to get all your legal fees paid by the other guy, although you should get some (if he ever pays what he's ordered to). And you can never get the time back. Not to mention the amount of stress it can cause in your life.

-Paul


Are you suggesting that when someone is infringed that they should sit silent? What good does that do for others who may face the same fate? Have we become a society where we fear that doing the right thing will result in some ridiculous court action? Is this is what we have become, a country ruled by lawyers and actions that have absolutely nothing to do with truth?

Truth is an absolute defense against defamation or libel.

Everything I have said in this thread is factual, or is a public record.

One should never fear to speak the truth.


Last edited by Bill Lockhart on Wed Jul 11, 2012 6:39 am, edited 1 time in total.
 

by John Guastella on Tue Jul 10, 2012 5:04 pm
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Quote:
In life, one either stands up for what one believes, or one hides in a closet with fear.


I'm not suggesting you retreat to your closet. I'm just pointing out that we live in a litigious society, and by continuing to discuss this matter in a public internet forum you risk being the target of a lawsuit by the alleged infringer.

I notice that you mention in your original post that you've retained Carolyn E. Wright as legal counsel. I recommend you get her advise on whether you should continue this thread.

John
 

by Bill Lockhart on Tue Jul 10, 2012 5:57 pm
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Post Script.

Truth is an absolute defense in lawsuits involving alleged defamation of character.

Yes, anyone can file a lawsuit, but the prosecution of a libel matter must show that what was said was false.

If the statement(s) are true, there is no libel.


Last edited by Bill Lockhart on Wed Jul 11, 2012 6:38 am, edited 5 times in total.
 

by Bill Lockhart on Tue Jul 10, 2012 6:10 pm
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It is time to end this thread.

Thanks for your comments and support.

Best regards,

Bill


Last edited by Bill Lockhart on Wed Jul 18, 2012 6:46 am, edited 1 time in total.
 

by Paul Skoczylas on Wed Jul 11, 2012 9:22 am
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Bill Lockhart wrote:
Are you suggesting that when someone is infringed that they should sit silent?


Absolutely not. Fight the infringement to the fullest extent allowed under the law. But you don't have to do that in a public forum (other than the courts, if it comes to that).

Bill Lockhart wrote:
Truth is an absolute defense against defamation or libel.


Unfortunately, that is untrue. In court, the only "truth" that matters is what is perceived as truth by the judge and jury (if there is one). That is not necessarily the real truth.

And regardless of what the truth is, even a frivolous lawsuit against you will cost you in time, money and stress.

I respect your courage in speaking out publicly against your infringers. But I agree with John in that it may not be the wisest course of action.

-Paul
 

by Chas on Mon Aug 13, 2012 3:05 pm
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What the heck? Unbelievable!

Chas
Charles Glatzer M.Photog, Canon Explorer of Light, https://about.me/charlesglatzer
Check out www.shootthelight.com for info on workshops, seminars, appearances, etc.
NSN 0037

  
 

by RMSteck on Thu Aug 23, 2012 9:53 am
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I have been thinking about this for quiet some time now and have been considering whether or not to post because it is going to make me look like a fool.
Quote:
Unfortunately, those who wish to improve their skills are too often fooled by providers who use the work of others to embellish their offerings.

I am just going to put this out there but I am one of "those" people who were fooled. The sad thing is that after being in the Photography business for many years I should have known better. I have owned my own studio and was in the portrait business full time for ten years and part time for many before that. After a lot of soul searching and frustration due to changing markets I decided to work on improving my skills at something I love which is wildlife. You go through what you think are reputable sites, shown a portfolio, a huge FB following, and are given references you think you are "safe". Unfortunately that is not always the case.

In the portrait business this happens from time to time as well and clients are "fooled" into thinking they are paying for something they are not. It sickened me when that would happen then just as this does now. I have had issues with my own images (portraits) being taken and thankfully with the help of the PPA that was resolved just as hopefully this will.

As I said I have given a lot of thought as to whether to post but I also wanted to put it out there that even people who think they are doing everything right, asking the right questions, checking references, ect., can be fooled by the presentation of someone else's images.
Ruth
RMSteck Photography
 

by Bill Lockhart on Thu Aug 23, 2012 12:57 pm
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RMSteck wrote:
I am just going to put this out there but I am one of "those" people who were fooled. The sad thing is that after being in the Photography business for many years I should have known better.

As I said I have given a lot of thought as to whether to post but I also wanted to put it out there that even people who think they are doing everything right, asking the right questions, checking references, ect., can be fooled by the presentation of someone else's images.


Sorry to hear about your experience Ruth.

One thing I have learned is to ask other photographers I know, about a tour provider they have used. NSN is a great resource with many wonderful people who are always willing to help out and provide advice.

Best regards,

Bill
 

by RMSteck on Thu Aug 23, 2012 4:08 pm
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Quote:
One thing I have learned is to ask other photographers I know, about a tour provider they have used. NSN is a great resource with many wonderful people who are always willing to help out and provide advice.


That is so true although some very well known photographers are very misled by this particular person. They do not know the real story either or I doubt seriously that they would have such high regard.

One of the reasons I originally came to NSN was because of a referral from a wonderful photographer who helped me grow a lot. (Thank you Greg :) ) I just should have asked here before scheduling although the photographer in question was also the one who sent me here in search of a lens cap for my 400mm when I happened upon this post and things stated coming together and making more sense. He stated he was also a good standing member here.
Ruth
RMSteck Photography
 

by Bill Lockhart on Thu Aug 23, 2012 4:20 pm
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Ruth,

Part of the NSN experience is reading the threads. Soon one learns a great deal about the membership. A good look at their photographs helps very much to see just how experienced and capable they are. Just because someone says they are "a good standing member" means very little. There are lots of people who register at NSN, never post anything except great comments about themselves, and contribute nothing to the forum.

It does not take long to separate the wheat from the chaff. Just because someone is well known, does not mean anything. What counts is whether they are mentors and contributors. That is, people who seek to advance the art form, not people after your money.

Best regards,

Bill
 

by crw816 on Wed Aug 29, 2012 9:23 pm
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Bill,

Great discussion. I don't know the last time where I intently read through 75 replies to see what happens next.

I hope that this issue resolves acceptably for you and this thread has a lasting impression on all who participated. The issue of copyright infringement is serious and the better informed we are as a community and learning how to look for infringement will help us combat it.

I know that you would like to conclude this thread, but if you are able to share the outcome when this is all over that would be great.

Best of luck,
 

by Bill Lockhart on Thu Aug 30, 2012 11:47 am
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Thanks Chris,

Mediation is currently underway. Hopefully this can be resolved without the formal filing of a lawsuit, but that option is still open.

Best regards,

Bill
 

by mhlambert on Sat Sep 01, 2012 3:08 pm
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Like Ruth, I am also one of the fools who booked a tour with Mark Lissick. I booked a tour with Mr. Lissick to see polar bears on Barter Island in Alaska. What sold me on the tour was the lead photo on the web page advertising the tour which had a polar bear in a field of wildflowers. I later discovered that the photo was not even taken at the tour location. (After reading this thread I'm not even sure if it's his photograph!) We never did see any polar bears - it was the wrong time of the year for the bears to be there.

I have been traveling for over 25 years and have booked a number of trips on the internet and have always carefully researched the folks/businesses I found prior to handing over any money. Mr. Lissick has done a good job covering his tracks. I've since been made aware of a long string of civil suits in Minnesota that Mark was involved in. Bill I hope your mediation goes well as he has a history of losing civil suits but never paying the judgement. (This is why I decided not to sue him. I'd probably win but wouldn't be paid anyway.)

If you need some entertainment, you can read about my ordeal, as well as some revealing information about Mr. Lissick on this web page I created to help prevent others from making the same mistake I did:

http://marklissickreview.info/
 

by Bill Lockhart on Sat Sep 01, 2012 4:20 pm
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mhlambert wrote:
Like Ruth, I am also one of the fools who booked a tour with Mark Lissick. I booked a tour with Mr. Lissick to see polar bears on Barter Island in Alaska. What sold me on the tour was the lead photo on the web page advertising the tour which had a polar bear in a field of wildflowers. I later discovered that the photo was not even taken at the tour location. (After reading this thread I'm not even sure if it's his photograph!) We never did see any polar bears - it was the wrong time of the year for the bears to be there.

I have been traveling for over 25 years and have booked a number of trips on the internet and have always carefully researched the folks/businesses I found prior to handing over any money. Mr. Lissick has done a good job covering his tracks. I've since been made aware of a long string of civil suits in Minnesota that Mark was involved in. Bill I hope your mediation goes well as he has a history of losing civil suits but never paying the judgement. (This is why I decided not to sue him. I'd probably win but wouldn't be paid anyway.)

If you need some entertainment, you can read about my ordeal, as well as some revealing information about Mr. Lissick on this web page I created to help prevent others from making the same mistake I did:

http://marklissickreview.info/


Thank you for posting this!

This is an interesting and sad story. It is good to see you create the webpage for others to review. Make sure you add tags so Google will find it. I can help with that.

Your information confirms messages I have received from others, among them is David Coray at Silver Salmon Creek Lodge who has contacted me with a very interesting story.

As to my case, well, we will see.

Best regards,

Bill


Last edited by Bill Lockhart on Tue Sep 04, 2012 5:10 am, edited 1 time in total.
 

by Jamie Strickland on Sun Sep 02, 2012 7:46 am
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Wow that guy is a piece of work, glad to see these websites / articles about the issues.

I can't believe he setup a workshop for polar bears at the wrong time of the year, of course there is always a chance on tours to not see the specified animal but not knowing the season is unexcusable.

Sorry that you guys are dealing with this.
 

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