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Bogus Takedown Notice Lands $150k Settlement In Australian Court

Fluffeh writes "Richard Bell, an Australian Film Maker, on a fellowship in New York, produced and directed approximately 18 hours of raw footage for a film with the help of an assistant called Tanya Steele and paid her for these services. Ms Steele, through her American lawyers, sent letters to Mr Bell and his agent claiming that she owned the copyright in the footage and demanding that the trailer be removed from the Internet. She also caused the Vimeo website to remove the trailer. In response, Bell went to the (Australian) courts, which declared him the owner of the copyright in the film, and deemed Steele's threats "unjustifiable". Bell then asked for damages. These were granted in the latest judgment because Bell had lost the opportunity to sell some of his works, which typically cost tens of thousands of dollars, as a result of Steels' threats. The Australian judge awarded over $150,000 in damages plus another $23,000 costs against her."

14 of 115 comments (clear)

  1. refreshing! by v1 · · Score: 5, Interesting

    Now THAT is how copyright law is supposed to work! So refreshing to see it actually properly applied.

    --
    I work for the Department of Redundancy Department.
    1. Re:refreshing! by Anonymous Coward · · Score: 5, Funny

      Actually what's more refreshing is that for a change, a foreign court was granted jurisdiction in America, rather than the other way around. And no-one got to be deported in the process!

    2. Re:refreshing! by Anonymous Coward · · Score: 5, Insightful

      It's worth noting that if there were no copyright law then Tanya Steele wouldn't have been able to cause damage in the first place.

      If a person has a gun and goes around shooting people for fun and, one day, is shot by one of their targets, then it's natural to feel a low-level sense of justice but I wouldn't go around saying "Now that is how guns are supposed to work".

    3. Re:refreshing! by starworks5 · · Score: 4, Informative

      I suspect he is a complete liar
      here are the paintings he claims are up to $60,000 a piece (what a joke)
      http://www.kooriweb.org/bell/art.html
      http://www.milanigallery.com.au/artwork/her-thous-shalt-not
      I've had way better pieces custom made (oil on canvas portraits) for a fraction of the price
      here are his real market prices
      http://www.findartinfo.com/search/listprices.asp?keyword=113297
      And then he claims in one website to have spent $80k on legal services, the court found he only spent $23k on lawyer fees at a rate of $500 /hr

    4. Re:refreshing! by Anonymous Coward · · Score: 5, Interesting

      Think you will find there is a whole raft of Copyright treaties between Australia and the US. She can certainly take further legal Action, but the Australian court decision will be in effect for both countries.

    5. Re:refreshing! by hairyfish · · Score: 4, Insightful

      here are the paintings he claims are up to $60,000 a piece (what a joke) http://www.kooriweb.org/bell/art.html http://www.milanigallery.com.au/artwork/her-thous-shalt-not I've had way better pieces custom made (oil on canvas portraits) for a fraction of the price

      Since when has art been valued with any sort of logic? I can take you to any gallery in any country and show plenty of art that "isn't worth it".

    6. Re:refreshing! by jamstar7 · · Score: 4, Insightful

      Dude, we're talking about the US here. You know, the country that says 'All your IP is belong to us'?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
  2. Just goes to show by 19thNervousBreakdown · · Score: 5, Insightful

    Don't file bogus lawsuits unless you're a big corporation suing somebody too poor to sue back.

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    <xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
  3. Shouldn't it be "Judgment"? by thomasinx · · Score: 5, Informative

    A settlement involves an agreement between two parties. Nothing of the sort happened here. The Australian court said this woman had to pay the money. Thats a "judgment". Its quite irritating that immediately after this verdict, the relisted trailer on YouTube got blocked by the same person again...

    1. Re:Shouldn't it be "Judgment"? by Anonymous Coward · · Score: 4, Insightful

      If I were Mr. Bell, at $150,000/pop, I would let her block my YouTube account as many times as she wanted.

  4. I just don't get it? by Grayhand · · Score: 5, Interesting

    I come out of the film industry and my saying is "some one always gets greedy". I told this to my expartner on my last film and he claimed that wasn't the case. Just to prove my point he stole the film literally from my home and to this day it's gone unfinished and is effectively worthless. I've seen it happen time after time that some one involved gets greedy and often the films get shelved because of it so no one benefits. The oddest thing it tends to be the person least involved that thinks they deserve it all which is what happened to me. On my previous film an actor sued the distributor because he thought he should get a share of the profits in spite of the fact the film broke even and his contract didn't grant him profits. He lost the first lawsuit and got a $25,000 judgement against him so what did he do? He sued a second time and lost again. It's shocking how greedy people get when they think they can make a quick buck.

  5. Umm, but.. by Weezul · · Score: 5, Insightful

    Try this against sound exchange. lol

    Fine, copyright law works between two nobodies. Ain't never seen it "work" whenever anyone big got involved.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  6. Re:Anti-vaxxers abusing DCMA takedown process by stephanruby · · Score: 4, Informative

    Does this mean that karma will catch up with this idiot too?

    Not necessarily. In your case, her victims would have to prove that they lost money as a result. Did they?

    In this case of Steele vs. Bell, I know that everyone is making light of the amount of money he won, but this guy Bell really didn't have any problem proving that he was already making $150,000 selling his paintings in just a few of months, so the amount he was awarded is probably just a very conservative estimate of what he could have earned if she had not prevented him from appearing at an art show, and blocked the online promotion of his movie showcasing his story.

  7. Re:Dingoes by SecurityGuy · · Score: 4, Funny

    Duh. They eat babies. Even I know that and I'm not Australian.