YouTube Impersonation #2

Hopefully, this is a last post about this issue. I've been asked how it's going.

Unfortunately, not well. BeautyIsMe911 hasn't responded to requests to remove my images from her site. And, she continues to receive death threats for her trolling, even though she knows her user base still largely believes she is me.

Here's a message I sent to her inbox this evening. Additionally, I am looking for volunteers who can be added to a witness list on my behalf. If you have witnessed this user's impersonation attempts first hand or have been otherwise victimized by this user, please consider providing me with your contact information (just an E-mail address for now) and a short description of what you have seen.

You can send this information to me privately at my YT account: http://www.youtube.com/user/thiamichelle. I *will not* share this information with anyone beyond my legal counsel, if I choose to take action.

Thanks so much!
-T.

The following is an actual letter sent to BeautyIsMe911 today

Hello,

This is a courtesy mail to alert you that you are illegally using my digital property without permission and failure to respond may result in legal action against the user in possession of the YouTube account: BeautyIsMe911.

I realize that this is the third time you have been contacted by me requesting the removal of my digital property from your site, but I have recently received legal advice that it would be advantageous to my claim if I can produce as evidence that you have been clearly notified that I have not consented to your use of my property. You have deleted my messages to this effect, so I will retain a copy of this message having been sent to your user account November 30, 2008 and will post a copy of it to my personal blog.

Copyright of photographic digital property constitutes the following:

Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. No publication or registration or other action in the Copyright Office is required to secure copyright.

Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the work

More information about this crime can be read at: www.copyright.gov

The property in question is my image I am showing as evidence originally posted to my personal Flickr account in July 14, 2005:
http://www.flickr.com/photos/linux_chick/26043311/in/set-72157594174429869/

This image was illegally used by your YouTube account BeautyIsMe911 from October 2008 and is still in use today.

Further more, if you are using this account to attempt to gain revenue by intentionally leading others to believe you are the individual advertised in your site images, it is fraudulent act. I am citing the following textual examples as evidence that you are knowingly leading users to believe you are the woman captured in the stolen digital property in question.

Screenshots from your website and messages:
http://www.flickr.com/photos/linux_chick/3072716785/in/set-72157609184983826/
http://www.flickr.com/photos/linux_chick/3032863915/in/set-72157609184983826/

Also as evidence that you are intentionally leading user to believe you are the individual as advertised in your website, you have deleted all textual comments that have attempted to correctly alert your users that you are not the person in any of the images on your YouTube website.

I’ve received counsel that advised me to do the following immediately:
1) Clearly request removal of my digital property from your site in a manner that can be produced as evidence, and
2) To begin tabulating a list of witnesses on my behalf

I will begin over the upcoming weeks tabulating this list. To date, I have two volunteers that I have added to my complaint.

This letter can be considered an official notice, that unless this matter is rectified promptly, legal action may be taken against you.

Thank you for your time.