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My photographs were so poorly mismanaged at Sycuan that no one there now or in the future can possibly distinguish my photos from Sycuan's anymore.
Furthermore, the damages to my good name and business on the Sycuan reservation were certainly compounded by tribal members allegedly just weeks AFTER I brought my grievance to the council, and compounded again now in the greater Indian community I serve by HOW this administration has dealt with my grievance.
The only possible solution here to clean up these very unfortunate problems is for Sycuan to pony up to the "reality" it created, honor our contracts and try to restore the damages it caused to my business and good name.
Sycuan Mission Statement states: Those are very noble words, indeed What would you have done in my shoes? My open letter to Sycuan band members for more information.
With a couple days now to reflect on this, it has to be a lot more healthy than than keeping this all bottled up inside.
This information was mailed to the casino management and Legal Director in January of , and it was was included in my private letter to the Sycuan people Oct.
Any additional uses by Sycuan Sycuan require the prior written permission of Studio on terms to be negotiated. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of , as amended.
The problem is Sycuan employees and vendors flagrantly breached our agreements and unlawfully altered and digitally archived hundreds of my images AFTER they removed my Studio licensing and copyright notices, and grossly mismanaged my image bank so badly they can't distinguish what's mine anymore.
Moreover, it is impossible for Sycuan to unwind these damages because my unlabeled images surely span the hard drives, backups, servers and redundant digital archives of many users and companies due to how Sycuan employees mismanaged my images.
A documented pattern of other earlier infringements and subsequent written infringement notices were discussed and mailed to casino managers and their vendors beginning on June 13, , during my very first meeting with the new Casino Executive and his vendor.
These conversations and documents were also included in my original package mailed to the casino and Sycuan Legal Director in January, But the Kumeyaay Map incidents make my point clearly enough: I built this map from scratch on my own time and it was never billed under a Sycuan project.
In , I delivered a high-resolution digital copy of my Kumeyaay Nation map file to a Casino Designer to use as an AD in the Sycuan pow-wow magazine.
All seven additional pictures to right of my map are also my copyrighted photographs and were used in this extended panel series without Studio permission or historical credit.
I asked a Casino Manager for an explanation, and he admitted they made a mistake because, he said, he "thought the map was ours. I wanted to ask him if that thought came before or after he rubbed out my prominent copyright notice off my map file, but I held my tongue even after hearing his absurd excuse.
By clear contract terms read the contract, I licensed the Chief's and tribal member's photographs to a Sycuan band member for her tribal project in Because of the Casino Manager's first map infringement and our subsequent discussion, I had asked for and received the manager's personal written assurance before I released the second map file to him so there would be no chance of any further misunderstandings.
Notes inside "[ ]" have been edited for privacy. At a Sycuan event Friday, I saw a new unauthorized inch poster print of my Kumeyaay Nation map being used.
And I will again respectfully ask for your explanation regarding these issues. Friday, February 25, 6: I want to be clear here with you for a moment and receive your written assurance.
The License does NOT include Sycuan using my original work, in whole or in part, to fashion another map for any further or repetitive usage.
I am being up front with you on this because the human nature of delivering my Master file will make it extremely easy for a professional to plagiarize my creative work, by altering it or using it as a template, and copyrighting it in their own name.
In essence, Sycuan does not retain any rights to any altered file s except for this one TV spot. I am supplying you with my Master file in good faith to give you full creative control of your layout for the Sycuan Tribe.
I trust you will do what it takes to ensure that my creative work is fully protected at Sycuan, with proper notice on any files you archive there, and with your vendors, so there is no misunderstanding or plagiarism down the road.
Please Reply back with your written assurance on this point. At the time, I still the had the pow wow and fire department accounts, and the support of various tribal members to keep me working on the reservation and on my Dream , but the casino management was so disappointing at this point that I didn't want any more to do with them.
Here are a few of Casino Executive's e-mails, in chronological order, in response to my request for an explanation: Hoo, boy, that is some kind of response you wrote me.
First [your department] takes my file in for a TV spot, then rubs out my credits and prints posters from it not once, but twice.
And then you respond to me in that strange offensive tone when I ask the buyer for an explanation. The only relevant issue here is: I earn my living from producing original works including printing posters and the sale of licensing fees, so yes I do expect [your department] to honor my legal contracts, and yes I do expect to be paid for my work like everyone else who works for a living.
Since this concept is apparently unfamiliar to you, I request that Sycuan takes a review of my contracts, including Article 2 of the Uniform Commercial Code and the Copyright Act of , as amended, and gets back to me with an appropriate response to resolve these issues.
You can read more about it in the Uniform Commercial Sarcasm Code. See, there it was again. This is the last e-mail I wrote to the Casino Executive I hope to close these matters with this writing.
It is not about money, as you wrote throughout this email. It is about taking responsibility and common respect. Whether the problems there were honest mistakes or inexperience or management policy, the result is I have lost a lot of income there over the past six years for unpaid licensing fees under your leadership.
I worked hard for over a decade putting those photos in place, building equity in my photography business. But this is all old news to me.
I have dredged a few key facts up now only to defend myself because you so sarcastically threw onus on me for your problems there and that is not going to happen as long as I have breath.
While I am baffled by your responses, the true record shows I have been nothing less than professional, upfront and loyal to you and the Sycuan band.
I will leave it at that and let my personal actions and my accomplishments be my measure. If you would like a memo granting [your department] and the Sycuan band a free blanket license to use all related G.
Read the e-mails that directly led up to that offer Unfortunately for everyone the Casino Executive resigned allegedly just as he let my offer expire he did not respond to it , and the casino management did not respond to my subsequent written request to discuss the matter.
Thus, I invoiced the casino for the minimum amount stated on our contract for Unauthorized Usage in expectation that the problem would be reviewed by higher up casino management and the problem would be fairly addressed by a professional administrator.
In my 11 years working with the casino's previous casino staff on a near exclusive daily basis , I was never noticed of even a single complaint about my services or goods, and I was always treated fairly and respectfully.
In my 6 years working intermittently with the new casino managers , I documented a pattern of infringement issues verbally and in writing beginning on June 13, , during my very first meeting with the new Casino Executive and one of his professional vendors: During that meeting, I explained my established Sycuan contract terms , the terms of my photo CD Licensing Agreement above , and objected to what the vendor said she was doing.
I formally noticed the Casino Executive, a Sycuan tribal member and the vendor's CEO, in writing, on September 18, , about the matter because it did not get fully resolved.
In that memo, I also invoiced Sycuan at regular prices for what their vendor was using illegitimately on Sycuan's website , and I requested that all parties review and abide by my Sycuan contract terms.
I am not including that series of letters here for brevity, but hard copies were mailed to Sycuan casino management and the Sycuan Legal Director in January of Over the next six years , the new casino management employees appeared to be intent on nullifying my copyrights and agreements by scanning, copying, altering and separating my Studio references, copyright notices, historical credits and licensing agreements from my original commercial photography work.
My above image of gourd rattles was alledgedly copied off my website by a Sycuan vendor, an advertising company known to me, who then alledgedly rubbed out my copyright notice and then used it in a Sycuan book and credited it and several other of my contemporary photos to another photographer!
I created this image of gourd rattles on my own free time and it never had anything to do with any Sycuan invoice, band member or project.
The tribal Legal Director contacted me by e-mail on February 14, She said she had reviewed all the previous e-mails and letters between me and the casino, including the casino's Kumeyaay Map infringements read the straws that broke the camel's back I also mailed her a complete package of my complaint, including printed copies of all the documentation of my grievance.
Yesterday I received a call from the Sycuan pow-wow director, [name edited], in regards to my invoice unauthorized use of pow-wow photos. Because the related invoices and photos had nothing to do with [name edited], she was understandably confused and concerned about the matter when [casino department] contacted her about -- she seems to think I am suing Sycuan over the pow wow and was told this is now her problem.
I understand this contact occurred since you and I spoke and wrote to each other, and now I am confused. Could you please take a moment to let me know what is going on there; who I should be discussing this with?
If [name edited] needs to touch this problem then I will need to copy her on all related emails I had with [casino department] the package so she can review the contracts, the emails, the clear facts and color that lead me to submit the invoices.
I trust that as legal director you can understand my sensitive position to protect my good professional name and will move swiftly there to get the problems under control and fully resolved.
Weeks after that, I received another call from the Powwow Director in regards to her still trying to hire me for the powwow and she told me she was "ordered" by tribal members not to use me for the powwow anymore because she said they told her I am "suing Sycuan.
In my 15 years working on the pow wow as the official contract photographer, I was never noticed of even a single complaint about my services or goods, and I was always treated fairly and respectfully.
In my 20 years working with the Sycuan Fire Department , I was never noticed of even a single complaint about my services or goods, and I was always treated fairly and respectfully.
S ycuan's initial price to resolve the problems was unrealistically low, so I provided the Legal Director with this outlined Estimate to help the council members conceptualize my Sycuan archive my Sycuan digital archive is now well over , megabytes, including new Sycuan work added since my initial estimate: Sycuan's Offer, E-mail November 25, As they like to say on the "Antiques Roadshow," we like everything about this collection: The artist is famous for working in the specialized area.
The work is technically superb, creatively stylized and brilliant. The work documents a key turning point in California Indian history. Even the subject matter, Sycuan, adds a great deal of prominence to the collection.
And from a publisher's view, the massive archive contains clear, exclusive copyright. Since , I have invested well over 2, hours of my personal free time outside of any invoice converting more than 1, of my best Sycuan photographs over to high resolution digital scans to build, organize and promote a professional-quality historical archive to serve Native and non-Native communities.
INFO multimedia archive and website. And I have not taken even a single dollar off that website. My photographs provide a unique image library of near endless source material for branding, advertising, design.
I documented nearly every tribal function from I documented a lot casino history from , including construction, lifestyle, guests, public relations, advertising, personnel, events, boxing and concerts.
I shot nearly all the existing still and video photography up until for the D. I and my camera was there. Consider the historical aspect documenting a critical turning point in California Indian history with the voter gaming initiatives.
The contracts also involve my legal copyright to some 20, digital photographs , movie DVDs , and websites www. Your chairman previously argumented that Sycuan had already somehow paid for the pictures "in the normal course of business" which I already addressed above read the contract The people who I've actually worked with at Sycuan have always witnessed my positive attitude and generous hard-working nature first hand.
My , megabyte digital archive is based on these types of files, under my Proposal, Sycuan gets all the hi-resolution, layered, editable master files.
I actually had quite a bit of positive communication with the Legal Director and was satisfied with our every conversation that she was listening, working on creative solutions and acting professionally in Good Faith.
Here is one such letter where I voiced my most serious concern: My greatest concern is: INFO, and prevent me from pursuing my greatest life endeavors in this area.
I mention damage control here because it will need to be a crucial part of any forward movement regarding a fair resolution of these issues. End of Attachments, April 1, Unfortunately I do not have the luxury of 'letting go' my property or a mental switch to silence my Inner Voice.
My original Sycuan Casino protest blog you are reading this page now. Your shipping is nice. Your service is amazing.
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