An OpEd piece is written with a unique perspective on an issue,
and is a guaranteed right under the First Amendment allowing individuals
to articulate opinions and ideas without fear of government retaliation or
censorship, or societal sanctions.
Internet Marketing Expert Dan Dasilva is hopping mad after losing a copyright infringement lawsuit against him where he was found guilty of infringing on the copyrights of a photographer. Dasilva reached a settlement with the photographer for $27,000 in June, and paid an additional $10,000 in legal fees … not including the fees he paid his owner legal team.
He’s so steamed about losing that he posted a video — against advice from his legal team according to Dan Dasilva — on YouTube lashing out at the photographer. In part, this is what Dan Dasilva had to say about the situation:
To put it into context, the reason I was sued was because I used a picture that I found on Google Images. Now, I should have known better, yes, in my position I should know better. But, again, I never really thought that there are malicious people out there that […] maliciously put pictures on the Internet.
They copyright pictures that they take and what they do is they’ll get like a copyright on it, and they’ll put it out on the Internet, and it’s freely available on the Internet, If you run a Google search their image will appear […] and they literally, some people specifically do this as a job.”
Here’s the thing: In the United States of America, copyright exists at the moment of creation of the work, although said copyright can be strengthened by registration through the U.S. Copyright Office. That being said, Dan Dasilva lives in New Jersey (more about that in a bit) and the photographer lives in California (according to Dan Dasilva’s video on YouTube) so it can’t be argued that this is a case of people in different countries not understanding the differences that might exist in copyright laws in two countries. All of this happened in the same country — the United States of America.
You can’t use a photo for any old purpose (especially commercially) just because you found it through Google (or any other engine) search.
For those of you who may be wondering who Dan Dasilva is, he has a website (duplicatedan.com) where in the ABOUT US section, he shares such a sad, sad tale about his life as a teen. He claims to have been an emancipated teen and, according to his website, he didn’t grow up in the best part of the world. Here’s the thing about that claim: He was born in New Jersey, and his parents weren’t as poor as he would lead people to believe on his website.
Perhaps he was a runaway; perhaps he was an emancipated teen. It seems odd that in some of his backstory, he claims his father knew exactly where to catch up with him to talk to him about the difficulties that led to him returning home to his parents’ home to live. But regardless, that he would trash New Jersey the way he does in the ABOUT US section of his website is odd. Being from New Jersey isn’t the obstacle he portrays it to be. In fact, here are the names of a few successful people from New Jersey who had much humbler beginnings than he.
Edwin Eugene ‘Buzz’ Aldrin (astronaut) was the son of a career military man and a housewife.
William James ‘Count’ Basie (musician) was the son of a coachman and a laundress.
William John ‘Bill’ Evans (musician) was the son of a golf course manager and a housewife.
James Gandolfini (actor) was the son of a bricklayer and a high school lunch lady.
Jerry Lewis (comedian) was the son of a vaudeville entertainer and a radio station piano player.
Robert Pastorelli (actor) was the son of an insurance salesman and an artist.
Jason Alexander (actor) is the son of an accounting manager and a nurse.
Jon Bon Jovi (musician/actor) is the son of a barber and a florist.
David Copperfield (illusionist) is the son of a small business owner and an insurance adjuster.
Danny Devito (actor/director) is the son of a small business owner and a housewife.
Randy Edelman (composer) is the son of an accountant and a first-grade teacher.
Donald Fagen (musician) is the son of an accountant and a housewife.
Chelsea Handler (comedienne) is the daughter of a used car dealer and a housewife.
Ed Harris (actor/director) is the son of a bookstore employee and a travel agent.
Lauren Hill (musician/producer) is the daughter of a computer consultant and a teacher.
Nathan Lane (actor/writer) is the son of a truck driver and a housewife.
Artie Lange (comedian) is the son of a television antenna installer and a housewife.
Queen Latifah (singer/producer) is the daughter of a police officer and a teacher.
Ray Liotta (actor) is the son of an auto parts store owner and a township clerk.
George R. R. Martin (author) is the son of a longshoreman and a housewife.
John Joseph ‘Jack’ Nicholson (actor) is the son of a showman and a showgirl.
Joe Pantoliano (actor) is the son of a bookie and a seamstress.
Joe Pesci (actor/comedian) is the son of a forklift driver and a part-time barber.
Philip Roth (author) is the son of an insurance broker and a housewife.
Richie Sambora (musician/producer) is the son of a factory foreman and a secretary.
Norton Schwartz (retired U.S. Air Force General) is the son of a typewriter salesman and a housewife.
Bruce Springsteen (musician) is the son of a part-time bus driver and a secretary.
John Travolta (actor/producer) is the son of a tire salesman and a singer in a radio vocal group.
New Jersey has seriously cool people who have worked hard at what they do. The list above is a thumbnail of easily recognizable names, but the list is considerably longer than what I have place for on this blog. Shout-out to all the hard-working people born, raised, and/or living in New Jersey as well as the other states and protectorates of America!
But getting back to the article proper: For some reason Dan Dasilva thinks that having affluent parents (as opposed to the two-parent middle-class family from which he hails) who lived anywhere but in New Jersey would have made life far easier for him. He seems to be saying on his website that he would have had a bright future if only his parents had been rich and lived in any of the other 49 states.
That sounds defeatist, don’t you think?
To make a short story a little shorter (but more enlightening), at 19 he moved back home (when his dad called him up and invited him to move back home with his parents) and claims his parents were the ones who changed. Supposedly that change allowed him to allegedly earned $115,000 in 3 months as an internet marketer, and now he markets his method to upstarts interesting in making untold millions in a short period of time.
So what exactly does Dan Dasilva teach people to do? His advice on how to get rich from internet marketing is to run with paid traffic and SEO manipulation models, running with drop-shipping charges that rely on consumer gullibility, and how to ride on other people’s coattails to get places.
He runs an online “academy” teaching others how to do likewise at a set monthly rate (in November 2016, that rate was around $250 per month but has since dropped down to slightly less than $50 per month) that, according to savvybloke.com, was far less helpful than any information that could be found free online elsewhere. But he’s managed to get people to give him a million dollars according to the Internet and as most of us know, on the Internet you can be whoever you pretend to be — even a successful millionaire influence marketing guru if that’s what you want to claim as your identity.
He is also a believer in what some consider domain squatting, and he mentors others in the ways you can buy a domain for a few dollars, drive up the value of the domain through SEO manipulation, upsell it to generate monthly income as part of the domain flip, and finally, where you can find domain names for free so you can circumvent that first step of paying a few dollars for the domain. Of course, that’s if you believe jvzoo on SamanthasOutlet.
Now let’s do a little comparison between Dan Dasilva’s alleged income compared to what the average professional photographer in the U.S. earns. According to copyrightdefense.com, the average professional photographer works 50 or more hours per week, and on average earns $35,000 per year. Dan Dasilva claims to already be a millionaire.
Contrary to what Dan Dasilva claims in his video, Dan Dasilva is the proverbial Goliath, and the photographer who dared defend his copyrights to his photograph, is David. It would seem that Dan Dasilva continues to use how social media popularity and social media following to attack and bully the photographer even though his own legal team (according to Dan Dasilva) advised against uploading his video airing his outrage at what the photographer had done.
But I see another money-making scheme going on behind all this. You see, Dan Dasilva gets paid by YouTube on the number of views his videos garner. If this latest video of him railing against the photographer (which serves to also deep six that photographer’s reputation) goes viral, he’ll make a mess of money from all those views. Think of it as a way to generate an easy $37,000 to pay off the photographer while getting even with the photographer for daring to defend the copyright on the photo Dan Dasilva infringed upon.
Would someone like Dan Dasilva do something like that? I can’t say for sure, but I do know that elsewhere on the internet, people have been posting their experiences with Dan Dasilva.
READ MORE HERE: https://www.reddit.com/r/dropship/comments/5tkkmc/dan_dasilva_scam/
Only you know whether you side with Dan Dasilva or if you side with copyright owners who are oftentimes victimized by large corporations and digital native millionaires who believe the laws of the land don’t necessarily apply to them or their business dealings.
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YES, USING A COPYRIGHTED PHOTO WITHOUT PERMISSION CAN GET YOU SUED
YOUTUBE ENTREPRENEUR SUED BY “MALICIOUS” PHOTOGRAPHER FOR STEALING COPYRIGHTED PHOTO
US CONGRESS DEBATING COPYRIGHT SMALL CLAIMS REFORM BILL: GREAT NEWS FOR INDEPENDENT PHOTOGRAPHERS