She's closed her fan sites down, grumpy cow.
akaNadia.net
Firstly, apologies to everyone wishing to view this site or the participate in the forum, but both have now been closed at the request of Pixie and her representatives.
The detailed communication is below and I know that this wouldn't stand up under scrutiny, but the underlying issue is that if Pixie doesn't want the site or forum to be available, then I respect that wish, even if I don't agree with the method used.
So, effective immediately, both the collection site and forum have been closed.
Letter to
www.akanadia.net from Filmandphotos UK.
These are just some of the grounds with which we object to the site
www.akanadia.net
Your site peddles in stolen images/video and therefore copyright infringement and is complicit in promoting the continual use and sharing of copyrighted works.
We are purchasing copyright and usage rights of works produced by professionals prior to our client/s agreeing to be managed by us. Therefore we have both a financial and personal interest in any illegal use.
You have no records or copies of usage authorisation and/or model release and/or proof of age of materials that are now over a decade old. You need to be aware that this is a serious matter.
You are entirely responsible for loss of earnings, reputation and defamation of character of our client/s personal image/images and work by promoting a web location citing personal data, comment, images, links to stolen material and therefore denying our clients the opportunity of both privacy and/or remuneration.
You are damaging our client's ability to earn a living.
You have no rights to copyright and/or the use of our client's image/images/name or any rights relating to model release and authorised use of materials.
You have no rights to perpetuate the sharing of any material on your site.
You convey ownership of material and freely use our clients image/images when you have no right to do so.
We will take action against you and any associates/members/webmasters/hosting companies/file-sharing companies/sites for copyright infringement and loss of earnings, damage to reputation and future loss of earnings due to the use of stolen materials.
You do not have any authorisation by our clients to use any materials on your site.
The very existence of your site is personally and financially damaging to our clients.
We will subpoena you, your hosting company and internet service providers for all names and addresses of each person posting and promoting stolen material of, or produced by, our client/s.
This will take the form of High Court action and all information will be open to the free press, worldwide, for comment.
Our final question to you is 'do you really want to go down this route?' We are prepared and ready to instruct our lawyers to do so. We will win. Successful law-suites have been well-documented and now include file-sharers, Rapidshare and Imagevenue. There are no hiding places and our incredulity as to your ignorance relating to the use of other people's work is demonstrated by the following text on your website:
All text portions of this website are copyrighted and may not be reproduced by anyone in any form whether print or electronic.
All picture thumbnails are used purely for illustrative & information purposes & as such, to the best of our knowledge, constitutes fair use
Website design by methos, managed by methos and real-whistle
Discussions via the akaNadia forum
Site hosted by servage.net
There is no fair use and you cannot produce the items on your own site. The irony is that you are breaking your own agreement. All images, including scans, avatars, thumbnails etc. are infringements. Stolen images and personal data are infringements. The use of digitally manipulated images and hard-copy scans we find particularly abhorrent.
We are fully prepared to go public, take legal action and supply all materials to legal representatives, law enforcement and the press.
The conservative estimate for damages due to loss of earnings and damage to business and reputation alone would mean we would be seeking circa ?175,000. As well as this relating to your site ? we will serve financial penalties on all members, file-sharers, file-sharing companies and any other purveyor of stolen images. We will obtain the full support of all interested parties who are likely to file their own claims.
We are professionals working within media and to that end have an endless supply of resources available. You will also have to pay all our costs.
We urge you to think hard as to whether you really want this level of publicity, legal battle and stress. We are prepared to take all the actions outlined in this letter.
Filmandphotos UK
1st February 2009
Please see the Cease & Desist Notice cited below.
Materials and/or links associated and exclusively copyrighted and licensed to Dunce Apparel and/or Simon Theo and/or Andrea Spinks and/or Andrea Theo-Spinks and/or Filmandphotos and/or Theospinks Productions have been posted. There are numerous breaches of copyright as well as infringements to all Rights to Publicity, Intellectual Property, Copyright, Defamation of Character, Libel and Data Protection and possible use of illegal images due to disputes relating to model releases and proof of age.
We have copies of the infringements.
We will seek damages if you do not comply.
You are in gross breach of numerous citations and directives.
The Cease & Desist notice stands and you now have 48 hours to remove all traces of the
www.akanadia.net site under the directive cited in the Cease & Desist Notice. If this does not take effect - then we will be taking legal action against you/your site as laid out in the Cease & Desist Notice 30/01/09 after-which all contact with Filmandphotos will cease and you will be contacted by our legal representatives in the United Kingdom and the United States.
You should be aware that all infringements relating to copyright and intellectual property will be judged in the High Court, United Kingdom. Our legal representatives can and will seek injunctions relating to file-sharing of copyrighted works.
Furthermore - as you are complicit in purveying stolen material - we will take action against you under the terms of the Notice if you do not comply.
You should also be aware that a UK Law Enforcement investigation is pending.
This is a serious matter.
Filmandphotos UK for Simon Theo and Andrea Spinks.
CEASE & DESIST NOTICE
3RD JANUARY 2009
From Filmandphotos UK and Theo-Spinks Productions
To whom it may concern.
1. You are hereby notified under the provisions of UK and international law pertaining to Rights to Publicity, Intellectual Property, Copyright, Defamation of Character, Libel and Data Protection and possible use of illegal images due to disputes relating to model releases and proof of age.
2. You and your organisation must CEASE & DESIST all threads, publication of photos, links, and/or discussion relating to Andrea Spinks and/or Andrea Theo-Spinks . Failure to comply will result in legal action against you.
3. It has come to our attention that you have made unauthorised use of copyrighted works. We have reserved all rights under the name Andrea Spinks and/or Andrea Theo-Spinks and have registered copyright therein.
4. As you neither asked for nor received permission to use the names Andrea Spinks and or Andrea Theo-Spinks and or works depicting her image, nor to make or distribute copies, including electronic copies, of same, We believe you have wilfully infringed our rights under 17 U.S.C. Section 101 et seq., and UK Trade and Copyright Law and could be liable for statutory damages in excess of $150,000 as set forth in Section 504(c)(2) therein just for illegal use of material alone.
5. You do not have permission to use the name Andrea Spinks and/or Andrea Theo-Spinks nor do you own the license rights for any images published.
6. The name Andrea Spinks is not authorised for association with any images or materials for which there is no model release or proof of age under the required international laws.
7. All related infringements of law will be pursued.
8. We demand that you immediately cease the use and distribution of all infringing works derived from the Work and published under the name of Andrea Spinks and/or Andrea Theo-Spinks
9. If we have not received an affirmative response from you by indicating that you have fully complied with these requirements, we will take further action against you.
10. Let this letter also serve as your warning that we may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.
11. References to Andrea Spinks and/or Andrea Theo-Spinks and any associated material is also strictly forbidden.
12. Defamatory comments relating to any of the above names or companies will be regarded as libellous and legal action will be taken without notice.
13. Reproduction of trade names, trade-marks or logos, any digital media image, sections of text or any other company or website source material will be regarded as a breach of copyright and legal action will be taken without notice.
What does this mean to your site?
Digital media, text, postings etc. referencing Andrea Spinks and/or Andrea Theo-Spinks or combinations thereof or any trading, published or associated materials are illegal and will be contravening at least one of the following protective laws: Rights to Publicity, Intellectual Property, Copyright, Defamation of Character, Libel and Data Protection and possible use of illegal images due to disputes relating to model releases and proof of age.
References to Andrea Spinks and/or Andrea Theo-Spinks and the named (either directly or indirectly of associated companies), any source material published (either directly or indirectly of associated companies) will result in legal action not only to remove said materials but also hosting sites will be subpoenaed which may result in your site being removed, confiscated and or legal action enforced against individuals, companies, administrators, moderators or Webmasters.
If you have any further questions please contact Filmandphotos or TSP Ltd and one of our legal advisers will be very happy to speak to you.
Theospinks Productions
Filmandphotos UK Legal Section