• Report: #894630

Complaint Review: Luis Chaluisan

  • Submitted: Fri, June 08, 2012
  • Updated: Sat, June 09, 2012

  • Reported By: Violated Artist — Mechanicsville Virginia United States of America
Luis Chaluisan
Internet United States of America

Luis Chaluisan El ExtremeCopyright Infringement and Defamation of character ,liber, Internet, Internet

*REBUTTAL Owner of company: There is a God In Heaven

*Author of original report: Absolutely Untrue...

*REBUTTAL Owner of company: Helene Ruiz Is Misrepresenting The Facts Abot Inclusion in Salsa Awards

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Hello,I am not sure what to do. I am very upset by a situation I have come across where my art has been being used without my permission, nor even being credited to me as the artist. When I asked this person to at least use my name on my work he is posting in several websites he became irate and nasty. I contact a website that i saw my work on and asked them to please put my name on my work and I would feel safer about it being there, although I was a bit upset, i was NOT asked to use my work. They then contacted the person, who in turn reciprocated by trying to defame my character on one of my public websites guestbook page which is accessible to the international public. He made a terrible accusation of me, so untrue and also threatened me. Did I not have the right to try and protect my work? I only asked that he please protect my work by at least crediting me as the artist by including my name and copyright. See transactions below.

Here is where I found also that he has posted my work, without my permission, that he has stolen and downloaded, there is NO reference to me as the owner of the works. These are now also being shared by thousands of other people who also now have access to my work.I want my images removed from his photos immediately please before more problems may arise from this (see below):
(what do I do?)


https://www.facebook.com/photo.php?fbid=2234050746800&set=a.1029757920232.4224.1713880556&type=3&theaterhttps://www.facebook.com/photo.php?fbid=2232537028958&set=a.1029757920232.4224.1713880556&type=3&theaterhttps://www.facebook.com/photo.php?fbid=2232398425493&set=a.1029757920232.4224.1713880556&type=3&theaterhttps://www.facebook.com/photo.php?fbid=2229515113412&set=a.1029757920232.4224.1713880556&type=3&theaterALSO SEE BELOW FOR MY EMAIL AND RESPONSE FROM A WEBSITE WHERE I FOUND MY WORK, AS WELL AS THEIR RESPONSEI inboxed him with this politely when i found my work in his publications on other sites, he since has responded with this on a public website of mine and blocked me from messaging him here about my works being used without my permission or even any credit to me as the artist ...see his response on my international webiste guest book page which is public..i was not rude in asking him to credit me or remove my work ..

http://www.artmajeur.com/?go=user_pages%2Fguestbook&login=artgirl&adm=1
Luis Chaluisan - United States - 98.30.146.232 - 2012-06-06 23:02:56 (luischaluisan@gmail.com) Website - Delete 
if you wish to create problems we will reveal you are trying to disrupt the awards ceremonies for Latino artists 
Since you have launched on a cyber vendetta we have no choice but to reveal your actions and file in NY State Corts for a tort hearing on disruption of services. Consider yourself served as a racist
;

Hey Luis, I see u used my painting in ur promotion of salsa magazine, I am honored but please in order to protect my image rights u must include the artists name and copyright, crheleneruiz 2012/rhumbawihthecubalayas
We as artists deal with lots of theft, i am a legal situation now with someone who stole my images without my permission so pls, give the artists their due credits and you should in the future get their permission before using so they can supply you with the cr info

http://myfreecopyright.com/images/mfc_protected.png
http://myfreecopyright.com/images/mfc_protected.png
myfreecopyright.com
Share


MCN: CGHG9-3APPM-M9JTQ
My copyright number registered, Please usr it along with my name asap on all the images u took from me and are using publicly without my permission
Here is where he has written a nasty remark and accusation about me on my PUBLIC guestpage of one of my websites because he was angry that I asked him to please at least put my name to my work that he has been using and in the future to ask me before using. He seems to think he has the right to take peoples work and do with them what ever he pleases without a need to ask. There are other artworks I see he is using and probably has done the same to those artists who probably have no idea this happened yet. His remark on my public web page tells me he is intentionally trying to damage me and my reputation in the art world. I am a disabled artist who works very hard at what I do. Please advise me as my income is very limited and fixed. 
http://www.artmajeur.com/?go=user_pages%2Fguestbook&login=artgirl&adm=1
Luis Chaluisan - United States - 98.30.146.232 - 2012-06-06 23:02:56 (luischaluisan@gmail.com)  Luis Chaluisan - United States - 98.30.146.232 - 2012-06-06 23:02:56 (luischaluisan@gmail.com) Website -  Delete 
if you wish to create problems we will reveal you are trying to disrupt the awards ceremonies for Latino artists 
Since you have launched on a cyber vendetta we have no choice but to reveal your actions and file in NY State Corts for a tort hearing on disruption of services. Consider yourself served as a racist



<privacy@reverbnation.com>Date:Wed, Jun 6, 2012 8:00 am
Please include my copyright info and my name as the artist, if not then remove my image since noone asked if they could use my artwork nor bothered to at least credit me as the artist who painted this. Below is my copyright info. I did NOT sell my copyright. If my work is stolen from the site( which is very easy I find, just click enlarge and slide off or save)

Jun 06 10:35 am (EDT):all that i really ask is that my name go with my image as such (cr helene ruiz 2012) and i will be happy with that, in the future, people should be aware that permission must be requested from the artist, no one has the right to use without permission or if they wish topurchase the copyright, that must be done with the artist or estate handler of the artist. otherwise it is infringement.-----Original Message-----
 <notifications-support@reverbnation.zendesk.com>
Sent: Wed, Jun 6, 2012 10:02 am
Subject: [ReverbNation] Re: Fwd:
Emily, Jun 06 10:02 am (EDT):Thanks for reporting your issue.When it comes to copyrights, ReverbNation follows the exact letter of the law and takes it very seriously. That being said, we can not remove someone's profile or content, or transfer ownership at another user's request. We can however, inform you of the proper steps to take legally to ensure that this happens. To file a formal complaint for ownership about the profile in question, you will need to send us a letter at (or Fax the below information to 1-888-541-0618, with ATTN COPYRIGHT on it):ReverbNation .com
Copyright Infringement
501 Washington St, Suite D
Durham, NC 27701You may also email a pdf of the signed letter to me if you wish.In the letter, you must include the following:1. Your contact information (including mailing address, email address, and phone number)
2. The name of the page and items (profile/songs/photos) in question
3. The web address of the page in question
4. A statement that you have a good faith belief that the material is not legal
5. A statement that, under penalty of perjury, you are authorized to act for the copyright holder
6. Your signatureOnce we receive the letter, we will notify the page owner and take down the content affected. The page owner will then have 30 days to file a counter-notice if they wish. If they choose to file a proper counter-notice, we will inform you and you have 10-14 business days to file suit. If you do not file suit, then the law requires that we put the content back up and the process would have to start all over again. We realize that this process is cumbersome, but it is the law at this time.Although it is not required, we would appreciate it if you let us know if we should be expecting a formal complaint.
Please note, your claim may be shared with the infringing party if needed.I know this is a cumbersome process and would encourage you to see if the current user has provided a public email address on their page, and to send them a message about the issue. You can also click SEND MESSAGE on someone's page to send them a message through the site. Informing them of the issue and who you are may prompt them to take the profile down without any letter-writing on your part or intrusion on ours. What you choose to do though is your choice.
Thanks,
ReverbNation Staff
Message Guestbook Artmajeur - by
Click Here : http://www.artmajeur.com/?go=user_pages/guestbook&login=artgirl

This report was posted on Ripoff Report on 06/08/2012 07:18 AM and is a permanent record located here: http://www.ripoffreport.com/r/Luis-Chaluisan/internet/Luis-Chaluisan-El-ExtremeCopyright-Infringement-and-Defamation-of-character-liber-Intern-894630. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 0Consumer 2Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Owner of company

There is a God In Heaven

AUTHOR: Luis Chaluisan - ()

Now that you have been diagnosed with cancer it goes to show bullsh* lies have a Karma on their own. Look forward to the demise.
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#2 Author of original report

Absolutely Untrue...

AUTHOR: Violated Artist - (USA)

As you see in inbox to you on facebook, clearly here:Hey Luis, I see u used my painting in ur promotion of salsa magazine, I am honored but please in order to protect my image rights u must include the artists name and copyright, crheleneruiz 2012/rhumbawihthecubalayas
We as artists deal with lots of theft, i am a legal situation now with someone who stole my images without my permission so pls, give the artists their due credits and you should in the future get their permission before using so they can supply you with the cr info
You then blocked me, I called you, your responded with an irate attitude and I told you you can use my image just in order to protect me, use my name and copyright, and correction, you were tagged? If so, the images would have been directed back to my album if clicked on, but instead, they were posted as YOUR photos with thousands of tags by YOU to others, nothing referencing the owner/artist, which is infringement. All of this could have been avoided had you simply respected the rights of the artist, me, as you would expect from others had it been your work. Example: If I shared a piece of your writing, I would reference you as the owner, If i wanted to use something of yours, I would ask your permission and copyright to protect you as the writer. I would never violate by being so inconsiderate as to use your work without permission and to possibly create a situation where your work could be stolen, re-photoshopped, etc...You refused to take a minute of your time to honor my rights, instead you took much time to try and defame my character by making an untrue statement of my character. If you see my note to you, it was polite, your response on a PUBLIC INTERNATIONAL WEBSITE was to obviously try to intimidate and threaten me which also included a means of defamation of character. Exercising my rights to my copyright, and asking that you please do so asap in order to protect my work is in no way "trying to disrupt" any events or ceremonies. The proper thing to have done, if even you were unaware it was illegal to post artists works without permission, would have been to respond to my request by respecting my copyright, you as a writer, would expect the same. I have always supported you, your work, and paid respect to you. You, however, reacted in a negative manner. I had to write to Facebook to remove my work, I had to write to the website to remove my work, because YOU REFUSED to protect my rights even though you were made aware your actions infringed my copyright. Because of your "could care less" attitude, I took steps necessary to protect myself and my rights. Life is actually pretty simple, treat and respect others as you would like them to do for you. When I spoke to you on the phone after you blocked me you told me sue you...I told you relax, i dont want it to get like that, use my image, just use my name and copyright. You did not. Your tantrum like response was to try and harm my reputation as an artist and person. Let's keep it real. 
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#3 REBUTTAL Owner of company

Helene Ruiz Is Misrepresenting The Facts Abot Inclusion in Salsa Awards

AUTHOR: Luis Chaluisan - (United States of America)

(1) The Staff of the Salsa Awards nominated her artwork for inclusion in the Arts Section of the Awards scheduled for later this year (2012) in NYC

(2) I was personally "tagged" with her photos on Facebook as part of this nomination process

(3) There are a number of artists nominated wherein we use their "signed" artwork as part of the awards campaign.

(4) I received a phone call from Ruiz last week where she demanded cash for the use of her cyber based artwork or that she would pursue us in court (apparently Ruiz has a number of cases - according to her - where she is attempting to extort (in my opinion) money from a variety of people in NYC

(5) We removed her art work from the nomination process immediately after the phone call but she continues this ridiculous vendetta.

(6) I know Ruiz from having been involved in three of her artist collective shows in NYC 2007-2009 and in no case were the artists she featured were paid.

(7) I stand by my statement she is now trying to disrupt the awards show with these type of postings and have forwarded the remarks to or attorney.

(8) Finally, we also consider her to be cyber stalking not only myself but the rest of the awards staff by persistently viewing our profiles (as revealed by FB Tracker program)
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