Linda Ellis-Author Speaker Poet - Sends Extortion Letter to Respected Attorney - Really!!

LINDA ELLIS COPYRIGHT

Just when I think Linda Ellis couldn't pull a stupider stunt, she pulls a stupider stunt. Let me remind you of her most recent gaffes. Ellis sent an extortion letter to a teacher at Lassiter High School in Marietta, Georgia, Cobb County, demanding she pay her an extortion demand because a teacher assigned The Dash to her students as part of a lesson plan. Linda Ellis lives in Marietta. Boy did that ever backfire. Not only did she enrage the teachers and administrators, the parents were furious when the students carried the story home. The students devoted three pages of the Laureate School Newspaper to the scandal. Even Coach Fraker wrote a couple rebuttal poems mocking Ellis's hypocrisy. I want to thank the student's advisor for the full page advertisement for my book Poetic Justice, The True Story Behind the Dash and one Victim's Mission to End Copyright Extortion and Bullying (available on Amazon).

On December 8, 2015 John W. Jolin, Linda Ellis' pretend attorney sent an attorney an extortion letter demanding money. I spoke with Sue today and we both had a good laugh. What makes Ellis think she can intimidate a respected attorney into paying her off?

I have attached the correspondence to this post and included the text in it's entirety for the rest of her targets to digest. You will notice that Jolin's has dropped his demand from $7500. 

  • Pay a retroactive licensing fee of $2,500.00 for the unauthorized use of the work. This amount represents the standard annual online posting license fee if permission had been granted.

Interesting, and according to an insider, Linda Ellis has never been paid a $2500 licensing fee. In fact the highest recorded legitimate licensing fee neogitation dates way back to 2005 was for only $350. She sued Eric J. Aronson for Breach of Contract because he used The Dash and never paid the fee. Why would anyone pay her $2500 to share that stupid poem?  The fact is the don't and they won't. This is why Ellis relies on extortion, intimidation and bullying when The Dash is shared. Nobody pays to share sappy poetry and now that her egregious behavior and persistent lying has eclipsed her image as an inspiring poet, she really should try to find a legitimate line of work. Maybe UPS would take her back, although by her own admission she was a terrible employee during her stint there.

Clearly Ellis and Jolin are miserable failures at extortion. The trolls need to crawl back under the bridge and stay out of the sunlight of truth. Only and idiot would pay off these extortionists. Don't be that idiot.

This is the newest edition of The Dash Extortion Letter.

ElderW.I.S.E. Advisor / Advocate 316 Midland Blvd.
Royal Oak, MI 48073

Sue@elderwiseadvocate.com

LINDA’S LYRICS, LLC

2146 ROSWELL RD NE STE 108-124 MARIETTA, GA 30062

www.Linda-Ellis.com

December 8, 2015

RE: Unpaid Licensing Fees for Use of Registered, Copyrighted Work: “The Dash”

Linda Ellis is the author of the poem, “The Dash” and works derivative of “The Dash. She owns the copyright for the poem which is registered in the Library of Congress, Registration Certifi- cate: TXu 858-108, as well as various related trademarks. We have been notified that you have used this copyrighted work unauthorized on your website as follows:

Screen Capture: 12/08/2015

1

Linda’s Lyrics, LLC can find no reference to a license being issued for your use of her copy- righted work. Accordingly, federal copyright and trademark law affords copyright and brand owners, such as Linda’s Lyrics, LLC, the exclusive right to reproduce their works and use their brands in any medium. Unauthorized publication of “The Dash” in connection with http://www.elderwiseadvisor.com/ constitutes federal copyright infringement pursuant to 17 U.S.C. § 202 and is also a violation of state unfair competition laws.

Linda Ellis makes her living as an author and inspirational speaker. She has devoted much of her adult life to creating inspirational works, derivatives of those works and delivering the messages embodied in them. She has invested countless hours and hundreds of thou- sands of dollars in her brand. Ms. Ellis feels incredibly fortunate to make a living by provid- ing inspiration, power and self-determination to the public. For more information about Linda Ellis’ copyright protection efforts, visit her web site at: http://www.linda-el- lis.com/copyright.html

However, the primary means by which she makes her living (enabling her to deliver her message) is from the sales and licensing of books and products containing and related to her works.

The Dash poem specifically is the very foundation for which her brand and other creative works have been based upon. When others make unauthorized uses of her work, Ms. Ellis and her company, Linda’s Lyrics, LLC are damaged especially since each unauthorized post- ing of her copyrighted work perpetuates continuing illegal distribution.

Rather than pursue legal action for copyright infringement, Linda’s Lyrics, LLC is offering the following:

Linda’s Lyrics, LLC is willing to issue a retroactive license for your unauthorized usage of the work, provided all requirements below are fulfilled:

  •   Remove the poem from the Website and any other website in which you own or have control;

  •   Destroy any material or other literature in your possession, custody or control which contains any material portion of the work on the Website or any other web- site(s) that you own or have control.

  •   Pay a retroactive licensing fee of $2,500.00 for the unauthorized use of the work. This amount represents the standard annual online posting license fee if permission had been granted.

    Federal law authorizes copyright owners, like Ms. Ellis, to recover statutory damages of up to $30,000.00 for each copyright violation in addition to the recovery of all attorneys’ and costs involved in pursuing the copyright violation. 17 U.S.C. §§ 504(c)(1) and 505. If a court determines the infringement intentional or “willful,” the law authorizes a court to award statutory damages of up to $150,000.00 per copyright violation. 17 U.S.C. § 504(c)(2).

    We do not wish to resort to the courts; however, Ms. Ellis has proven that she has, and will, protect the value and integrity of her copyrighted works. In the case of Ellis v. Aronson, filed in the Northern District of Georgia, Ms. Ellis received a judgment the amount of

$269,000.00.

This letter is sent as a compromise to resolve our claims of unpaid licensing fees/copyright infringement based on the information we have gathered to date. If the scope of infringe- ment is different from the information we have gathered to date the retroactive license is subject to change. Please contact Linda’s Lyrics, LLC at the number or email below to re- solve and discuss this issue. If the above steps are not taken, Linda Ellis and Linda’s Lyrics, LLC reserve all rights to pursue this matter in the courts to the maximum extent authorized under the law at any time without further notice to you. We sincerely hope that a reasona- ble settlement can be arranged.

Please contact, or have your insurance representative contact Linda’s Lyrics, LLC via email, thedashmanagement@lindaellis.net, or telephone, 678-521-6216 within ten (10) days to resolve this matter.

We look forward to your timely response. Sincerely,

Linda's Lyrics, LLC 2146 Roswell Rd. NE STE 108-124
Marietta, GA 30062 PHONE: 678-521-6216

For more information about Linda Ellis’ copyright protection efforts, visit her web site at: http://www.linda-ellis.com/copyright.html

This message is intended only for the use of the recipient to whom it is addressed and may contain information that is privileged and confidential. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any dissemination, distribution, or copying of this communication is strictly prohibited. The contents of this email are copyrighted and cannot be legally published or posted without expressed permission of the author and cop- yright owner is strictly prohibited.

DOCUMENT 2

 

RELEASE AND INDEMNITY AGREEMENT

 

1.         DEFINITIONS:
           

1.1  Releasees:  The term "Releasees" as used in this document include: ElderW.I.S.E. Advisor / Advocate, 316 Midland Blvd. Royal Oak, MI 48073, officers, directors and employees, as well as their respective heirs, executors, administrators, personal representatives, agents, attorneys, subrogees and assigns.

1.2 Releasors:  The term “Releasors” as used in this document include: Linda Ellis, Linda's Lyrics LLC, 2146 Roswell Rd. NE, STE 108-124, Marietta, GA 30062 and their respective officers, directors, employees, independent contractors, agents, partners, joint representatives, attorneys, successors and assigns, in any capacity whatsoever.

            1.3 The Incident: The term "incident" as used in this document, refers to the publication,

posting, use and/or distribution of the registered, copyrighted poem, “The Dash” in the releasees publication and subsequently posted on the websites below.

http://www.elderwiseadvisor.com/

 

1.4  Claims:  The term "claims" as used in this document refers to those claims, demands, damages, actions, or causes of actions, whether known or unknown, which Releasors have in reference to the incident described in paragraph 1.3 above.      

1.5  Execution: This Release may be executed simultaneously in any number of counterparts, each of which shall be an original, but all of which together shall be deemed to be one and the same instrument.  The exchange by facsimile/electronic mail copies of executed counterparts of this Release shall be deemed execution and delivery thereof.

2.         CONSIDERATION FOR THIS RELEASE AND INDEMNITY AGREEMENT:

The consideration for this Release and Indemnity Agreement is the total sum of Two Thousand, Five Hundred Dollars ($2,500.00 USD) to be paid to Linda’s Lyrics, LLC by the Releasees within seven (7) days of the date of the release. Payments to be delivered via check or money order, at the Releasees’ expense, via verifiable traceable means to: Linda’s Lyrics, 2146 Roswell Rd. NE, STE 108-124, Marietta, GA 30062.

3.         RELEASE COVENANTS: 

For the "consideration" described in paragraph 2 above, the Releasors hereby release and forever discharge the Releasees from any and all "Claims" known or unknown described in paragraphs 1.3 and 1.4 above.

4.         INDEMNITY AGREEMENT:

Based on the foregoing consideration, Releasors hereby covenant and agree to indemnify and forever hold harmless said Releasees, their affiliates, departments, agents, employees, officers, directors, and/or successors, against any and all liability, cost and expense resulting from any claim, demand, suit, action, cause of action, which may be asserted by Releasors for injury or damage sustained from the above-mentioned incident.

5.         NO ADMISSION OF LIABILITY:

It is understood and agreed that this release is not an admission of any negligence, liability or fault of any kind whatsoever, but compromises and settles all disputes between the parties for the purpose of avoiding further controversy, litigation and expense, and that said payment is the full and final consideration of this release and no other payment or consideration has been promised or will be paid. 

  1.  CONFIDENTIALITY:

The Releasees acknowledge, that the Releasors will keep, and agree that they will keep, confidential the terms and conditions of this Release and Indemnity Agreement unless required by court order or other operation of law to disclose them.

           


            _____________________________                                      _________
            “Releasors”                                                                             Date

            Linda Ellis

            Linda's Lyrics, LLC

            2146 Roswell Rd. NE

            STE 108-124

            Marietta, GA 30062         

 

                                                                                                                   
            “Releasees”                                                                             Date                           

ElderW.I.S.E. Advisor / Advocate

316 Midland Blvd.

Royal Oak, MI 48073

 

The Dash Extortion Letter