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Matthew Chan

About Matthew Chan

http://www.ascendbeyond.com

Posts by Matthew Chan:

My Conversation with Chloe Surdyk at Getty Images

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This was first posted on The TurnKey Publishing Blog.

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When I first received my Getty Images Settlement Demand Letter on Monday, June 16, I took prompt measures to be proactive.  One of those proactive steps was to face this issue head-on.  I called the phone number 800-272-4170 twice and left one message.  My voice message was professional and courteous.  I was letting them know I acknowledged their letter and was quickly taking corrective measures.  I also told them I welcomed a call to discuss the situation.

Chloe Surdyk called late Wed. afternoon.  It was actually a cordial conversation.  I did my best to find common ground.  I understand their need to protect their copyrights and go after people but I did not agree with their tactics.

I told her I especially did not agree with her rationale that victims of Indian web designers should have to pay Getty Images especially when I contracted for a web banner, not specific images.  I also had little or no say in the selection of any images, only whether I liked a web banner or not.

She offered me a lower settlement (from the original $1,300) of $800-something.  I told her I did not agree with her and it was likely we would have to agree to disagree.  In the conversation, I told her I was not ignorant of the law and due legal process.  I have been to court many times to be a plaintiff and occasionally a defendant.  I was not simply going to “roll over”.  I told her I did my research on the Internet on Getty Images and I was informed of their upcoming tactics.  I told her I was not going to sit still and that I would likely publicize my interactions with her and her company.

My sense of embarrassment over this is substantially lower than my sense of outrage at their attitude.  Surprisingly, during most of the conversation, Chloe was cordial.  Even towards the end of the conversation, she said she would put into her notes to give me another 14-days to consider her offer.  Chloe even gave me her direct phone office line:  206-925-6779.

In my mind, there was no way I was going to “settle” with them.  I mentioned to her that she would likely have to sue my company if she wanted anything.  For now, I told her we would simply agree to disagree.

My next move is to get my “official reply” sent out by Certified Mail within the next couple of days.  I am biding my time as I continue to do more research.

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Cold calls are NOT welcome on this matter. Please do not cold call me because I will not accept phone calls from phone numbers I don’t recognize.

Get Help with your Extortion Letter. If you want to learn more about my case, visit ExtortionLetterInfo.com.

 

I Received a Getty Images Settlement Demand Letter

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Today, I received a Getty Images Settlement Demand Letter basically trying to extort from me a payment of $1,300 for a bird image that was used on theintrepidway.com website.  If I pay that amount, basically they agree not to sue me or my company.  However, suing and winning are two entirely different issues.

TheIntrepidWay.com currently looks bare because I immediately took down all the web banner graphics to comply with the Getty Images Settlement Demand Letter.

For most of you reading this, you will be like me earlier today.  I had no clue what this was all about.  It would be many hours later until I discovered this extortionistic practice by Getty Images.  But, believe it or not, this issue is relevant to anyone who wants to put up their own website and intend to hire someone to design their graphics and images.

The “short version” of all this is that “Getty Images”, a photo-licensing company, actively sends out Settlement Demand Letters in the U.S., U.K., and Australia to unsuspecting website owners that have intentionally or unintentionally infringed on their copyrighted images.  ON the surface, this sound fine.

In my research, so many website owners are small-business people or companies that contracted web site templates and graphics from graphic artists/designers in India.  Well, apparently, the folks in India have a terrible reputation of stealing U.S. images and incorporating them in their web graphics and template design.

Unsuspecting U.S. website owners who want to improve the appear of their websites buy these web templates and graphics and use them on their websites.  However, months and years later, Getty Images sends this very nasty and threatening letter out essentially holding you fully responsible even if someone else did the crime.  I understand that employers are held responsible for many issues, however, what comes is on the verge of insanity and certainly not even close to reasonable.

If you are legally uninformed, I will tell you, it is a very intimidating letter unless you think this through carefully.  After I calmed down, I took the time to do a Google and Yahoo search on “Getty Images Settlement Demand Letter”. I think if you do the same, you will get a very interesting education.  It is actually devious because Getty Images do not do anyone the courtesy of a Cease and Desist Letter.  Basically, let people know that they did the wrong thing and allow them to correct the situation before you get nasty.

However, in one mailing, they ask you to remove all the infringing images AND ask you to pay this extortionistic amount so they won’t sue you.  What a great scam.  Start sending letters to anyone who made a mistake to correct the mistake but also demand a huge cash payment while you are at it in exchange for you to NOT sue them.  What a great way to make money.  Why bother going to court when you can simply instill the fear of a lawsuit into people?

And even if you have to go to court, there is this small matter of preparing and proving your case.  Is Getty Images (based in Seattle) really going to hire an attorney and sue me in Columbus, Georgia over $1,300?  Perhaps they will sue for more.  But for what damages?  Punitive damages?  You want to punish someone for doing something they did not intend to do or know it was even occurring?  Those attorney fees might get expensive trying to sue a corporation over state lines.

I have been to court many times as a plaintiff.  It is not easy to simply make stuff or puff your case up.  The judge is usually smart enough to temper a case and not let a ruling get too ridiculous especially in a small claims case.

If it sounds like I am being cavalier, I am not.  I am treating this seriously.  However, I am not simply going to roll over.  I also have a few tricks up my sleeve if they truly decide to push the matter into the court system.  I won’t get into specifics but let’s just say the word will get out very quickly and wide to people, companies, and agencies I have never communicated to before.

I felt the need to post this warning message to warn others.  There are many, many angry people who have received similar letters from Getty’s Images.  I suspect they will want one more web source to consult and discuss this situation.

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Cold calls are NOT welcome on this matter. Please do not cold call me because I will not accept phone calls from phone numbers I don’t recognize.

Get Help with your Extortion Letter. If you want to learn more about my case, visit ExtortionLetterInfo.com.

 

Review of The Warner Brothers VIP Movie Studio Tour – Part II

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During lunch, we went to the WB Commissary.  When I hear the word commissary, I am thinking it is this cafeteria where lots of people are being pushed through a food line and you have to sit in this rowdy lunch room.  Boy, was I tremendously happy I was completely off-base.

It turns out that the lunch included at the WB Commissary is actually a near fine-dining experience with nice table cloths, cloth napkins, and formal silverware with first-class service.  The menu and selection were those you would find from a formal restaurant except that this is the place were executives, producers, actors, other higher echelon employees would eat.

To give some perspective, the soup I ordered was $5.00, the salad was $8.00, the Diet Coke was $2.75, and the NY Steak was $24.00.  Remember, this is LUNCH, not dinner!  When I tallied my own bill, I easily had a $40.00 lunch without gratuity.  We were provided with a complimentary dessert (slice of pear pie) which by my estimation would have cost $6.00 on their menu.  Basically, if I had to pay for this entire dining experience with gratuity, this would have been close to a $60.00 lunch tab!

When I thought about the $150.00 ticket I purchased for the 5-hour tour, easily 1/3 of that cost went to the WB Comissary lunch experience.  I told the tour guide that I had expected a cafeteria or a box-lunch experience, not a fine-dining experience.  The food was good but the service was rushed mainly because the tour guide said that we did not pay to sit at lunch for over an hour.  Although I thoroughly enjoyed lunch, I had to agree with him.

He took us to a screening room which had an large-size mixer stretching to what I estimated to be at least 20 ft.  It was a very stylish and elegant room where there were many computer monitors connected to a network of Macintosh PCs.

We eventually went into another studio where a small orchestra could fit in and play music to be recorded.  Supposedly, this room was one that Clint Eastwood favored to record music for his own movies.

We visited a few sound stages.  We visited a huge sound stage where they made “The Perfect Storm” minus the filled tank of water.  We visited a sit-com sound stage similar to what they used when they made “Friends”.  We also visited the set of “Cold Case” where it looks a worn office of a city government building.  Once again, the attention to detail was extraordinary.  The furniture, cabinets, paperwork, books, folders, floor tiles, telephones, etc.

During one of our last stops, we went into the private WB Museum.  Being a fan of the Superman and Batman movies, I had the opportunity to closely inspect the superhero costumes.  The detail on the costumes were amazing.  You see way more in person than you can see on the movie screen.  There were costumes from “300”, Matrix Reloaded/Revolutions, and many other movies.  The 2nd floor was entirely dedicated to the Harry Potter movies.  I have to confess I have never seen a Harry Potter movie, nor have I ever attempted to read a Harry Potter book.  So, the whole Harry Potter thing did not do much for me.

In this review, I clearly cannot cover everything in the tour because I cannot remember every thing.  Even if I did, this is only a review, not a blow-by-blow account of my tour.

Overall, I felt I got tremendous value out of the Warner Brothers VIP Studio Tour (Deluxe version).  It is designed to be an attraction but it is also close to a 1-day educational experience.  I liked the fact there was only 10 of us on the tour and we really got VIP treatment.  It is actually kind of funny.  I thought the 5-hour Deluxe tour is the true VIP experience with a more personalized experience, not the 2-hour version they call the VIP tour where I saw up to 20 people on those tours.

The Warner Brothers VIP Studio Tour like the other movie studio tours are really under-promoted and under-marked in my opinion.  I don’t recommend young children going on most of the movie tours.  I don’t think they would truly appreciate the grandeur and sophistication of the movie-making process.  Because of the prices, I would not bring any children under 15 on most of the movie tours.

Otherwise, I highly recommend this great experience.

Review of Warner Brothers VIP Movie Studio Tour – Part I

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Prior to leaving on my final day in Los Angeles, I went to the Warner Brothers VIP Studio Tour in Burbank, California.  More specifically, I signed up for the 5-hour Deluxe version of the studio tour at a cost of $150.00.  Only 10-people are allowed in a Deluxe Tour.  This followed my Sony Pictures Studios Tour the day before.

Because I am in the publishing industry where I deal with Internet, print, audio and video media, this was an easily justifiable business expense.  Without question I am a movie buff but I was very much there for educational reasons.  I looked at this tour as a one-day seminar of how the “big boys” create these multi-million dollar productions.

This tour begins with a 15-minute retrospective of the origins of Warner Brothers.  There literally were 4 brothers with the last name Warner.  These brothers originally began in the East Coast with their movie theatre business .  And then they decided they might be able to make more money if they were able to also create and produce their own movies to show in their own theatres.  Clearly, that was the beginning of a legacy which has lasted to this day.

The Warner Brothers exterior sets were more extensive and impressive than Sony Pictures.  In fact, the WB lot is so large, we were taken around in a cart by the tour guide.  Our tour guide was clearly passionate about his job and it showed.  However, I did think he was a bit regimented in that it was very difficult to ask questions.  You would think that in this longer tour, there would be ample opportunity to ask questions but that was frequently not the case.  He was clearly in charge of the group and rattled off trivia after trivia as we visited various sets.

One of the most impressive sets I have ever seen is the Chicago set used by the producers of E.R.  E.R. is a long-runnning medical drama.  I am not a big fan but I have seen a few episodes of it.  The exterior sets of E.R. is very impressive for the detail that was put into it.  Although the sets have been around 12+ years, they looked like they had been around for 50 years with considerable wear and tear having that aged, filthy, back-alley look in Chicago.  Even up close, it was difficult to tell that these sets were artificially aged and worn.  The authentic look was simply amazing.

The set also had the back entrance to the E.R. hospital where ambulances roll in patients.  That set was also amazing.  It really looked like a hospital E.R entrance with the wear and tear of one.

Being a fan of Terminator: The Sarah Connor Chronicles, we had the chance to see the actual sets of where the characters live.  We even see the scars in the street as a result of the explosion in the season finale.

We passed by the exterior sets of Uncle Jesse’s and Boss Hoggs’ home from Dukes of Hazzard.  In the TV show, they were two different buildings in two different locations.  In actuality, they are the same building!  One is filmed from the front, the other from the rear.  Again, move movie magic.

We went through an exterior set of a suburban neighborhood which actually had office workers in each of the houses.  When you are walking in those sets, it really does feel like you are in a suburban neighborhood, not a movie set on a movie lot.

We eventually broke for lunch.  End of Part 1.

Review of Sony Pictures Movie Studio Tours

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Having planned a couple of extra days to enjoy Los Angeles, I booked a ticket to visit Sony Pictures Studios Tours.  Like most of the movie studio tours, they are not well advertised or marketed.  Most people find out about movie studio tours from word-of-mouth or by seeking it out.

Being a big movie fan myself, it was a high priority for me to check out all the movie studio tours.  (I scheduled the Paramount Movie Studio Tour for the morning but goofed up my schedule and arriving too late.)

The Sony Pictures Studios Tour located in Culver City, CA costs $28.00.  You can purchase tickets online in advance (with a $2.00 fee) or simply make reservations.  I did not know I could make reservations until AFTER I had bought tickets online.  Because I also wanted to attend the Warner Brothers VIP Studio Tour, it was a bit of a trick to schedule 3 studio tours within a 2-day period.  Because of limited availability of the Warner Brothers Deluxe Studio Tour (a 5-hour version of the WB VIP Studio Tour), I was forced to reschedule my tickets with Sony Pictures Studio Tour.  Fortunately, the folks at Sony were accommodating.  They were able to simply use my same ticket but schedule it for another day.

The Sony Pictures Studios Tour is a 2-hour walking tour of the old MGM Studios that Sony Pictures bought out.  Underground parking is free in the visitor section of the Sony Pictures office building.  One of the things you learn early in the tour is how MGM sold off so much of their backlots over the years that what they have left is much smaller than how they started.

Even with that, there is still plenty of walking to do.  I recommend some comfortable walking shoes.  They say that no two tours are exactly alike.  They attribute this to the fact that every tour guide has a different style and the daily circumstances are such that the tour is designed to be flexible just in case the tour encounters an actual TV or movie production.  If that happens, the tour obviously work around these important and well-controlled events.

On my tour, sound stages had been set on the upcoming movie “Angels & Demons” which is a prequel to the movie and book of the same name “Da Vinci Code”.  We also passed by Beyonce Knowle’s trailer and the sound stages for her upcoming movie “Obsessed”.

I made my first visit to a Foley studio which is where many sound effects are created.  We also visited the set and green room of “Jeopardy”.  I have to say that Green Room was a bit nasty but the tour guide said it was because a party was thrown a couple of nights earlier and it had not yet been clean.  The Green Room is really a green room.  Apparently, green is supposed to help calm the nerves of people who will eventually go out on stage.

We walked through many interesting exterior sets that had real-life workers within the building!  Apparently, the designers and architects make the insides of the buildings functional but decorate the outside in such a way to create the illusion you are in a different city or locale.

I don’t want to give the entire tour away but those were the highlights.  My tour guide, Tony, is an aspiring screenwriter and seems to enjoy giving movie studio tours as he looks for his big break.

Overall, anyone who loves movies and wants to learn more about the behind-the-scenes of movie-making should check out Sony Pictures Studios Tour.

Returning from 2008 Book Expo America in Los Angeles

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I just returned from over a week-long adventure in Los Angeles that included the huge 2008 Book Expo America in Los Angeles.  This event followed the 3-day IBPA’s Publishing University also in the same city.

The last time I attended Book Expo America was in 2002 in NYC.  It was before I started my publishing firm, Ascend Beyond Publishing.  I definitely feel like I waited too long to go back but I did try to make up for lost time soaking it all up and managed to get some nice advance copies of upcoming books.

I am a book lover myself which is one reason I got into the publishing business.  I can honestly say my legs hurt every night from all the walking on the convention floor during the day.  The are so many exhibitors to visit and products to check out.

I had not planned on attending another Book Expo America for another 2 years but now I feel somewhat compelled to go back next year.  I have put it on my calendar.

Finished Attending IBPA’s Publishing University Conference

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It has been an exhausting 4-days since my arrival into Los Angeles to attend the IBPA’s (Independent Book Publishers Association) 2008 Publishing University Conference.  It was a great 3-day experience taking in the variety of experiences and information shared.  I think there must have been nearly 300 people including staff, speakers, attendees, and guests.  The one thing that persistently shows up is how little business sensibilities most wannabe authors have.  Most are so desperate to become authors, they throw their promotional stuff to everyone and anyone.

I have to admit even I was overwhelmed with some of the new information and distinctions that were presented especially in the area of media and public relations. I met some important people and contacts that might be instrumental to some changes I plan on making to my publishing business in the months to come.

The full impact of what I got out of IBPA’s Publishing University will linger until after I get back.  Fresh off of that 3-day conference, I have just begun my next 3-day run at the 2008 Book Expo America.  It has been 6 years since I attended this huge industry event.  I think I waited 2 years too long to come back.  I won’t make that mistake again.

My feet is sore.  I have had three 11-hour days.  Today, I put in a light 9-hours and so I have a chance to update this blog.  I can do some reading and catch up on some work in my hotel room.

Shift Happens: “Did You Know 2.0” Online Video

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It isn’t often that I run into an online video that truly makes me stop and think.  Most online videos I see on YouTube are stupid, nonsensical, and just a lot of goofiness going on.  At best, I would say it is entertaining.  At worst, it is a waste of time and bandwidth.

However, in a phone conversation with my investor friend Joe, I was ranting and complaining how the quality of education both in the public and private sector is terrible.  How much of the real estate seminar industry was pretty sleazy and appealed to people’s ignorance.  And how so many people will suffer financially in their lives because of the mis-education and mis-information people accept as gospel.

I ranted on how people are not taught to think and not able to discern what is good information and what is bad.  Further, that the rate of change in our world would only reward those able to adapt, not people who clung to old ideas and notions of what the world SHOULD be like vs. accepting what the world IS.

In that spirit, Joe mentioned a video he had seen on YouTube.  It was referred to him by another person.  He told me to do a search on “shift happens”.  I got a chuckle out of that phrase but thought it was quite appropriate to what we were talking about.

Tonight, I finally had the opportunity to search “shift happens” on YouTube and I found related videos also entitled “Did You Know?”

I will not reveal the content of those videos but I will say, it made me speechless and it scared me.  It made me reflect on what I am doing today and what direction I am taking for the future.  And while I have not entirely figured out what I will do in the months and years to come, I do know that I cannot sit still.  I also know that I have to be prepared to leave people behind.

There will be people who will not accept the message of exponential change in the videos.  It will be too much for them to take.  They will either be paralyzed with fear unable to move or they will go into hiding being in denial that it will not affect them.  Either way, my feeling is that you have to ally, partner, and associate with those will want to move through the next waves of change or you will become a victim.

There is no way the government can save everybody.  There will be victims, many of them.  The strong, smart, and nimble will flourish unbelievably.  The weak, ignorant, and slow will find the future to be a depressing place.

The wealthy will continue to become wealthier.  The poor will become poorer.  25% of the middle-class will adapt and improve their lifestyles.  The other 75% will drop further down in their socio-economic ladder begging for assistance.

I believe at least half of the millennial-generation will continue to be dependent on their parents until they are age 30.  While they have the advantage of being technology-adaptable on their side, their poor work ethic, lack of professionalism, lack of discipline, and poor coping skills will hinder them.  But it is not entirely their fault.  The spoiled attitude of the millennial generation is a result of poor parenting skills of the baby-boom generation.  They pander to their children and do not have the emotional resolve to be strong parents.

Regardless of my observations of the millennial generation, I invite you to go check out the “Did You Know 2.0” Video.  It is an excellent educational and thoughtful video.  It is well worth the 8 minutes out of your life to view it.

New MP3 Audio Introduction of “The Intrepid Way” Recorded

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A brand-new MP3 audio introduction has been recorded and uploaded to “The Intrepid Way” website.

Some readers may not be clear what the book is about or what it was intended to be.  This MP3 audio Introduction should clarify what The Intrepid Way series is all about.

You can visit TheIntrepidWay.com to download the file there.  Or you can simply download the MP3 file here.

New TurnKey Investor’s Seller-Financing Seminar Recorded

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Two weeks ago, during my blog hiatus, my friend Tony Calloway and my business partner Wes Weaver joined me in hosting and conducting a brand-new seminar, “The Turnkey Investor’s Seller-Financing Short Seminar”.

Essentially, this is a more advanced seminar that builds upon and expands the content of “The TurnKey Investor’s ‘Subject-To’ Mortgage Crash Course”.  The “subject to” mortgage is only one form of seller-financing.  While it is a great way of financing investment property, there are many instances that technique is simply not practical, nor desired in some transactions.

Wrap-around mortgages, land contracts, contracts for deed, and lease-options are also legitimate ways of financing investment properties.  Each of these financing techniques have their own pros and cons as well as the circumstances of when you should use them.

Wes Weaver and I share our real life experiences and comments on the other forms of seller-financing techniques that we have used (and those we have chosen NOT to use!).

Originally conceived as an additional “audio crash course” in the spirit of “The TurnKey Investor’s ‘Subject To’ Mortgage Crash Course, Tony talked me into making the Seller-financing presentation into a seminar in front of a live and experienced real estate investor audience.

Essentially, the raw unedited recordings come to over 4 hours of audio content.  I expect to edit it down to less than 3 hours however that is a very rough estimate.  I am trying to pare it down to a 2-CD audio course set but it may end up being a full 3-CD audio course set.

Once the audio course has been completed, I plan on taking that content and creating an all-new manual called “The TurnKey Investor’s Seller-Financing Handbook” which will be similar in format and a companion manual to the “The TurnKey Investor’s ‘Subject To’ Mortgage Handbook”.

There is no precise timeline for when the Seller-Financing products will be available except that I expect it will be released in 2008.

I will be putting a warning label on the products that beginning investors or students should not buy either of these products.  The discussions were advanced level.  The one beginning student we had was a bright person but clearly did not have the background to keep pace with the seminar presentation.  She served as a barometer for me to warn off beginning investors and students.

I would like to comment that all the students in the audience (with one exception) were prior students of ours and had actually done at least a couple of real estate transactions.  Gauging from the feedback from students, they greatly appreciated the fact much of material that Wes and I presented had not presented in such depth and sophistication.

As I get more news on the progress of the Seller-Financing products, I will post them here.

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