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
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)