Copyright Games

On January 27th I received this letter from Createspace:

Dear Mr. Miller,

We have received notice from a third party regarding copyright concerns over “The Infinity Strain: Part II of The Infinity Man Saga,” 4394007. Please be advised that we do not involve ourselves in third party disputes and therefore have removed the availability of the title through our systems until this matter is resolved.

Here you will find information on the party that submitted the notice:

Kirk  Hastings

KirkHastings5@aol.com

I have also included a copy of the original notice with this email, found below.

Please also be aware that we will be supplying your contact information to the party that filed this notice.

Once a resolution has been reached between both parties concerning the title, please contact us via ecr@createspace.com so that we may take the appropriate action regarding the title.

Sincerely,

Silvio Mangel

Executive Customer Relations

–original message–

Intellectual  Property Rights

Notice  and Procedure for Making Claims of Copyright Infringement   If you believe that  your work has been copied in a way that constitutes copyright infringement,  please provide CreateSpace’s copyright agent the written information specified  below. Please note that this procedure is exclusively for notifying CreateSpace  and its affiliates that your copyrighted material has been  infringed.

·         An electronic or  physical signature of the person authorized to act on behalf of the owner of the  copyright interest:

Kirk  Hastings

·         A description of the  copyrighted work that you claim has been infringed upon:

THE INFINITY MAN (ISBN#  978-1-4489-5418-6)

Published April, 2010  by PublishAmerica, Inc. 229-page science  fiction adventure novel still in print and available on Amazon.com at this  location:  http://www.amazon.com/Infinity-Man-Kirk-Hastings/dp/1448954185/ref=sr_1_1?s=books&ie=UTF8&qid=1390858975&sr=1-1&keywords=the+infinity+man+kirk+hastings

·         A description of where  the material that you claim is infringing is located on the  site:

http://www.amazon.com/Infinity-Strain-Part-Man-Saga/dp/1492104361/ref=sr_1_2?s=books&ie=UTF8&qid=1390858975&sr=1-2&keywords=the+infinity+man+kirk+hastings

·         A statement by you  that you have a good-faith belief that the disputed use is not authorized by the  copyright owner, its agent, or the law;

1) The author of this  book used a fake name and identity to publish this book; “Dr. Earl L. Ohmni,  Sr.” is not his real name. This indicates that he knew there would be a  problem with publishing this work when he did it.

2) The cover of this  book (“The Infinity Strain”) claims that it is “Part II of THE INFINITY MAN  Saga”, which it is not. On the back cover it claims to “continue the  wildly popular INFINITY MAN saga”. This author has no authority  whatsoever to make these statements, and has no connection whatsoever with me, or with my novel “The Infinity Man”, or my publisher. He has no  permission whatsoever to use either the title of my book, characters and events  in it, my name, or details from my own personal life in this  publication.

3) This author claims  on the back cover of the book to be a relative of mine. He is  not.

4) This book is not  labeled anywhere as being a “parody” or a “satire”, and it uses my real name and  real information about my personal background (as well as events and characters  from my novel “The Infinity Man”) in it.

This puts this book in the realm of  intellectual property theft — and possible slander as  well.

·         A statement by you,  made under penalty of perjury, that the above information in your notice is  accurate and that you are the copyright owner or authorized to act on the  copyright owner’s behalf.

Everything I have  written here is accurate. I am the author and copyright owner of the book “The  Infinity Man”.

CreateSpace’s  Copyright Agent for notice of claims of copyright infringement on its site can  be reached as follows:

Copyright  Agent: CreateSpace Legal  Department

P.O. Box  81226

Seattle, WA 98108

USA

Phone: 206.266.4064

Fax: 206.266.7010

E-mail: _copyright@CreateSpace.com_ (mailto:copyright@CreateSpace.com)

 

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