Posts Tagged With: joe emanuele

Joe Emanuele Needs a Lesson


I have not received any campaign related material in the mail this year. However, it was recently brought to my attention that one of my photos was used in election campaign material without my knowledge, permission or license.

I was first made aware of this by Ann Thane’s blog entry where she described the image of her as “unbecoming”.  Owning a rather large collection of unbecoming images of the Mayor, I looked into the matter and confirmed it was, in fact my image.

The photo in question was a photo of Mayor Ann Thane that I took during a public meeting at the Riverfront Center on May 16, 2011, where the proposed increase in water fee and elimination of the 3% tax cap was being “discussed” by outraged Amsterdamians.

My intellectual property was illegally obtained from my blog and can be found here.

The Emanuele camp maintains that they legally used the photo because there was no Copyright notice on my blog. WRONG!

The posting of Copyright notice is not required, though often used by people in an attempt to ward off thieves.  Copyright is automatic and inherent when a photographer snaps that shutter and takes the photo. The registration of images with the US Copyright Office is also not required to enact Copyright law. It is helpful for tort action against violators.

The Emanuele camp is also not aware that all of my images contain owner information including Copyright notice embedded with each electronic image that can be seen with any photo editor.

These photos are someone’s work product. You wouldn’t think of stealing from a bank or department store, but somehow think it is OK to steal from the internet. It is NOT OK to use images from the internet for your own purposes. It is against Federal Copyright law.  Those images are the intellectual property of the photographer (yes even unbecoming images are intellectual property).

A link to the US Copyright Office can be found here.

I will be sending Joe Emanuele a cease and desist and letter along with a demand for payment (temporary license) for using my intellectual property in his campaign literature.  Consider this public notice.

Update:

Reporter Jarrett Carroll covered this story in todays edition of the Recorder. His story can be found here.

In his story, Sparks Fly Over City Mailer, Carroll identifies Vince Casale, Emanuele’s campaign manager as responsible for using my photograph to create the flyer.

Vince Casale, Emanuele’s campaign manager, said the photograph was taken from the Internet and falls under public domain, claiming permission was not necessary.

This is a common misnomer that is totally false. Public domain does not equate to “the Internet”. Public domain refers to items produced prior to 1923 or those who Copyrights have expired (Copyright has an initial lifespan of 70 years). Public Domain may also refer to works created by the government, like published laws.

But Vince Casale said the image was found online and is fair game.

There was no copyright on the photo. I checked for one because I deal with this sort of thing all the time,” he said. “There’s nothing there, there is no reserved rights or anything like that.

Thanks to the Berne Convention of 1988 a Copyright statement is not required.  At the moment of creation, when the artwork is “fixed” in some tangible form, copyright applies automatically. For a photographer, when you press the shutter release you are making a photo and gaining copyright to that photo at the same time. You don’t have to declare copyright or file any paperwork.

My camera provides additional protection by embedding a Copyright statement in each photo I take, including my name and year.

It looks like Vince Casale also needs a lesson.  Maybe Joe Emanuele should deduct the fee I am imposing from his salary.

 

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Categories: Law, Photography, Politics | Tags: , , , ,

Story about a Debate


This is a story about Amsterdam’s mayoral debate held October 25, 2011, in the conference room of Riverfront Center.  With questions and answers covered extensively in the local media and many tuned in to the live broadcast, this story is about what you didn’t hear.

The Recorder sponsored mayoral debate was a disappointment.  Nothing was gained in terms of useful information about the candidates that had not already been revealed.  The canned questions posed by Recorder Editor Charlie Kraebel did not reflect what the actual voting public wanted to ask, instead were crafted by editorial staff of the Recorder, none of who live or vote in the City of Amsterdam.

The structure of the planned event leaked to the public weeks ago as described in my blog here.

This information irked Recorder Editor Charlie Kraebel who attempted to dispel the information in Tim Becker’s blog Pars Nova here.

The event was exactly as described before. Only the two candidates appearing on the ballot were allowed to take part.  Questions were limited to Recorder staff only.  The event was not open to the public, but limited to 20 invitees each from the participating candidates. It was broadcast live by WCSS.

I attempted to get an invite to cover the event early in the process to no avail.  I made a last-minute appeal on the WCSS Facebook page to get a seat at the debate.  About 5:30PM yesterday, 4th Ward Alderman candidate Diane Hatzenbuhler knocked on my door informing me that I had a seat because of a cancellation, that I should get to Riverfront Center at 6pm.

Arriving at the WCSS station, I saw Charlie and Rebecca chatting inside.  Kraebel glanced in my direction through the glass and then executed an eye roll towards Rebecca.  I ducked my head in the room and asked if this is where the debate was to be held. I was told it was in the conference room just down the hall and did not start until 7PM.

Arriving at the empty conference room, I saw some tables set up at the far end of the room with 40 chairs lined up in front of them, only filling up half of the room.  A newly employed security guard stood at the entrance.  WCSS employee and 1st Ward Alderman Joe Isabel walked by. I asked him about the cancellation and was told he has no say in who attends; it was up to the Recorder staff.

The security guard was handed a list of invited guests and was told to only admit people on the list and the press.  She was specifically told that the man in the plaid shirt (me) was not a member of the press. I was not alone in my predicament as others who were told to come as replacements were also left out.

The candidates soon appeared, each with their political posse.  It seemed as if the entire staff from the Recorder attended.  When it was clear that the 40 seats were not filled, those of us waiting were allowed in.

Recorder Publisher Kevin McClary introduced the event, reading from a prepared speech on his iPad he never made eye contact with the audience.  He is much smaller in stature and demeanor than I anticipated from the limited contact I have had with him through emails.  In sharp contrast, the physical appearance of the Recorder’s light-hearted humorist and Executive Editor Kevin Mattison is larger than his words.

The space agreed to by Recorder and WCSS staff was just not suited for a debate.  Although there was enough amplification, it was difficult to see the candidate’s faces. The two candidates sat behind a table at the same level as the audience. Some elevation would have helped. A good part of communication is taking in visual clues from facial expressions. This is one reason people are often misunderstood in blogs.  Personally I am much more adept with photography and visual communication than the written word, but most of you already know that.

The two candidates answered questions posed by Kraebel who sat at an adjoining table next to Rebecca who represented WCSS but remained silent during the debate.

Kraebel was robotic in posing the questions and never really probed deep enough.

Joe Emanuele has a poker face.  Dressed in a black suit, white shirt and red power tie with pumpkin, he answered the questions calmly with very little hand gesturing.  He did not react when confronted or criticized.  Thane dressed in a tweed business suit with modest jewelry and toned down makeup. Thane’s facial expressions while Emanuele spoke were very telling as she often smirked mockingly at the audience.  When speaking, Thane frequently gestures with hands and arms flailing, at times self-consciously pulling her arms down to her sides. Thane tends to be very emotional when speaking in public, sometimes choking up as if about to cry. I have noticed this behavior in past speeches and was clear during her final statement.  If you have never tried it, public speaking can be very difficult.

There was applause at different points in the debate for both candidates.

The one redeeming factor of this debate is that we heard Joe Emanuele answer questions about his candidacy. Other than his first mayoral announcement that I recorded here, we have not heard much from this candidate.

The third mayoral candidate who was not invited by the Recorder to take part in the debate is William D. Wills.  Not supported by either major political party, write-in mayoral candidate Wills was given equal time by WCSS and went on the air immediately after the conclusion of the Recorder’s debate, to answer the same questions posed to the other two candidates.  With the support of his wife and daughters present during the broadcast, Wills entertained each question read to him by his daughter.

While I feel that Wills is the best choice for Mayor of Amsterdam, he may have hurt his chances with his off and on again campaign and refusal to accept campaign contributions from political parties. He was the only candidate to answer questions I posed to all three.  Those questions and his answers can be found here.

It is no secret that I openly support write-in candidate William D. Wills for Mayor. While I appreciate the fact that an attempt was made by the Recorder to present Amsterdam with a mayoral debate, I cannot get past the fact that Wills was excluded.

The last Mayoral debate held on November 6, 2007, did include a write-in candidate not supported by a major political party.  I would also liked to have heard answers to some questions posed by some actual residents of the City of Amsterdam.

Categories: Amsterdam, Politics | Tags: , , , , , , , , , ,

Amsterdam 2011 Mayoral Debate Photos


Categories: Amsterdam, Media, Photography, Politics | Tags: , , , , , , , ,

Wills Excluded from Planned Mayoral Debate


In a tersely worded letter to Recorder Publisher Kevin McClary, Amsterdam Mayoral Candidate and 4th Ward Alderman, William D. Wills expresses his displeasure after finding out he is excluded from a planned mayoral debate.

Mr. McClary,

Please explain why I am being eliminated from the debate that the Recorder and the Chamber are putting together. Although I am not a “main” candidate, the opportunity for the electorate to hear only from a past and present mayor and not from another who hasn’t held the position but is well qualified is discriminatory and shortsighted on your part. It also looks like the “fix” is in. I have always been loyal to your paper and open to your reporters when questioned on various issues. Although I don’t spend as much as others I have taken out ads even when I ran unopposed in the past just to show that support albeit in a small way. You tout yourself as a community paper but then play God when making decisions like the one you have made here, all in the secrecy which your paper despises when public officials even try to do that on some sensitive issues which I have always objected to. It seems strange to me that the one who has advocated for a debate all along is the one who gets eliminated regardless of not having the status of being a “main” candidate.

I request that you reconsider your position and Mr. Capobianco, temporary President of the Chamber, who has been copied here I request as a member of the Chamber that if the Chamber is involved that you advocate on my behalf to be part of the debate.

Thank you!

Alderman Wills

I spoke with Bill Wills today about this letter.  While the event has not yet been publicized, he found out through various reliable sources that the Montgomery County Chamber of Commerce, the Recorder, the Leader-Herald along with local radio stations WCSS and WVTL are in the final planning stages for hosting a debate between Amsterdam mayoral candidates Joe Emanuele and Ann Thane.

Neither Emanuele or Thane responded to my personal request to answer a series of questions I sent them with the intended purpose of helping voters choose the best qualified candidate. William D. Wills was the only candidate to both answer my questions and push for a mayoral debate as shown in my blog post 10 Questions With Bill Wills.

Aldermen Julie Pierce, Gina DeRossi, William D. Wills, Richard Leggiero listen to public comment concerning Thane's proposed elimination of Amsterdam's 3% tax cap.

William D. Wills is a valid write-in candidate for Mayor of Amsterdam and should definitely be included in any planned mayoral debate.  Enough of the partisan politics!

From Bill Wills Facebook page:

The Recorder coverage of the 2007 Amsterdam Mayoral Debate that included write-in candidate Diane Hatzenbuhler can be found here.

Update: Recorder sponsored debate to be held October 25th.

This scheduled mayoral debate will take place in Amsterdam’s Riverfront Center Conference room. The event is not open to the public and will only be attended by a maximum of 50 people who will need a special invite to attend. Mayoral candidate William D. Wills wanted to participate but was excluded by Recorder Publisher Kevin McClary.

Categories: Amsterdam, Media, Politics | Tags: , , , , , , , , ,

joeemanuele2012@gmail.com


I also received this unsolicited email viciously attacking Mayoral candidate Joe Emanuele that has been discussed on the Kraebel blog. The blogger is none other than Roberto Millan, author of that disgusting blog Judge Errant where he attacks Bob Going, Mike Chiara and Diane Hatzenbuhler. He even took a swing at me erroneously suggesting I was discussing him on The Show With No Name.  In Roberto’s Errant blog, he makes these wild allegations and then responds to them himself, as if he actually had fans. The only real people who responded to that hateful blog were Karin Hetrick who couldn’t resist agreeing with the character assassination of Bob Going and Mayor Ann Thane who has stated she does not respond to blogs.

These are their responses from the Judge Errant blog:

Now Roberto’s new blog joeemanuele.com is following the same style with the fake comments designed to lure people into the discussion. Roberto is also the only person that has sent me this type of unsolicited email.

When that Karin Hetrick/Tony Leggiero thing blew up on my blog, Karin called Roberto and asked him to call Ray Halgas to inquire if Tony Leggiero was blogging while at work. Millan identified himself as a lawyer before asking questions even though he has no license to practice law in New York State.  Halgas told him he was not.

Roberto then called me and told me what had occurred with Karin, his conversation with Ray Halgas and was about to ask me to take down the offending posts when I informed him they were already down. He stated he was a lawyer but only had license to practice in Connecticut, New Jersey and Washington DC. He admitted to me that he was the person who posted on the Venner Vox as female lawyer Tatum Stevens.  He denied knowing Ann Thane, he denied being Congressman Paul Tonko’s friend, stating he never met the man. How can you trust a straight answer from someone caught up in so much deceit?

On the June 10, 2011, edition of The Show With No Name, Bob Going revealed that he saw Mayor Ann Thane dining  at the former Windmill Diner with (who he hinted at as being) both Roberto Millan and Bethany Schuman McGhee. Could they have planned this attack on Joe Emanuele? Many of the items from the blog were taken directly from the Democratic response to Emanuele’s Mayoral announcement.

Roberto (he prefers Rob) Millan, where is your pride?

Roberto Millan (seated with headache)

Categories: Amsterdam, Media, Politics | Tags: , , , , , , , , ,

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