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From: "perezvidalfineart" <pvfineart@terra.cl>
To: <mshapiro@parkwestgallery.com>
Re: From Alex Perez
Date: Wednesday, 1 September 2004 15:31

To Mr. Albert Scaglione Owner of Park West Gallery, to Park West Gallery Director Mr. Morris Shapiro and to Sales Manager Director of Park West Gallery.

I, Alex Perez, want to know the meaning of sales of prints of artwork of mine without my permission and without the proper payment of the copyrights of such editions of prints to me.

I found in several places samples of that unauthorized and illegal stolen rights of my Art.

In these places like EBAY and others websites, there is a "market" of prints, supposed to be "authorized as "Limited Editions" of some kind of reproductions called "Seriolithographs"; a few years ago I received from Smart Publishing a copy of a FAX sent by Albert Scaglione, about the meaning of those "Seriolithographs, after my requests to Smart Publishing about the meaning of that. In the Fax, Mr. Scaglione, promised to Smart Publishing, that those Seriolithographs are only to "PROMOTE" the sales of my works in Auctions, and they give those offset prints as a GIFT to the people who visit the auctions and that in the FUTURE for all new image prints of that kind they (Park West Gallery) will ask my permission for print and use my rights.

From that time, nobody from Park West asked to me about new printing of images, nor paid me anything on rights and every time I visit some place like EBAY I see new images printed, and all are for sale.

I ask if Park West will continue stolen rights from me and continue using images of my artwork, or they will somehow make an arrangement for that directly with me, or I will need use the help of a lawyer to explain to you the meaning of the use without permission of images of artworks of mine.

Here I attach 2 JPG screenshots of a sample of that usurpation.

I want an explicit and clear answer of my questions directly from Mr. Scaglione in writing, otherwise I will need to present this case to my lawyers.

Thank you.

Alex Perez

P.S. Here the Link to the website that sell those "offset prints"
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=20143&item=3744951301&rd=1#ebayphotohosting

September 7 2004

To the Director of PARK WEST GALLERY,
Mr. Morris Shapiro

I , Alex Perez. require you and the gallery owner, Mr. Scaglione to take out immediately my name from the index list of the artists you say that you represent in your webpages, catalogs and any other way of publishing.

You have only SOLD my paintings like any other gallery. From today nobody has the rights to expose my name as "REPRESENTING" Alex Perez.

If you wish you can expose my artwork for sale, but don't write in any place that you "represent" me.

Fortunately today I am free of ANY agreement with any art dealer, gallery and not least, "auctioneers".

I will watch if my name continues to be exposed by you as an "artist represented" by Park West Gallery in the future.

Thank very much
bye bye
Perez.

From: mshapiro@parkwestgallery.com <mshapiro@parkwestgallery.com>
To: pvfineart@terra.cl <pvfineart@terra.cl>
Subject: RE: alex perez representation
Date: Monday, 13 September 2004 10:49

Dear Alex:
Thank you for your e-mail. We are aware that our contract with Rami Rotkopf expired on September 1, 2004, and recognize that we are no longer publishing your work. We wish you all the best in your future endeavors.

Sincerely,
Morris Shapiro

From: "Alex Perez" <aperez@a-perez.com>
To: <miag@michigan.gov>

Re: A REQUEST TO STOP THE STOLEN OF MY INTELLECTUAL COPYRIGHTS

Date: Tuesday, 21 September 2004 17:20

A REQUEST TO STOP THE STOLEN OF MY INTELLECTUAL COPYRIGHTS,
TO STOP FRAUD, FORGERY AND UNAUTHORIZED USE OF IMAGES OF MY ORIGINAL PAINTINGS, MY PERSONAL SIGNATURE AND UNFAIR MARKET WITH MY ARTWORKS.

Just because I am not a US citizen, this does not give anyone in your country the right to use in a criminal way my artwork for their own profit.

I ask for JUSTICE, even if I don't live in USA. All my artwork is sold there and I have a good reputation in your country, as an Artist and person.

To understand the background of my case, please read what I wrote below and the questions I have for you.

For see a few examples of fraud with my artwork and theft of my copyrights please see the Link below:
http://www.a-perez.com/fraud.htm

"MARKET LAW QUESTIONS"

PARK WEST GALLERY (Michigan and Florida Headquarters), a NEW kind of the "PYRAMID GAME FORMULA" in the Art market?

"THE QUESTION":

Are those "SERIOLITHOGRAPHS", (offset print reproductions, like any poster, or color magazine) "signed in the plate" (an offset photo print of the artist's signature), showing for sale in places as eBay internet auctions, etc, with "Certificates of Authenticity" from Park West Gallery, in a variety of prices and sizes, in editions of 9500 pieces...(limited?..) a valuable piece of Artwork?

For example: the Museums offer for sale in theirs art booksstores, posters (open edition reproductions) with images of famous Artists hanging on the Museum walls, those products are sold as the artist's, without any "Certificates of Authenticity" and or Appraisal value from the Museum.

When some Gallery, Auctioneer or Publisher gives as a GIFT to the people, for "Artist promotion" purposes, posters or cards with printed images of Originals Artworks of the Artists, we suppose that the SIGNATURE of the Artist can be seen and recognized upon the image (work of art), as all artists do on their works – they sign their Original works.

So, I ask, for what purpose this Gallery PRINT another photo image of the Artist SIGNATURE in the lower margin of the paper called "SIGNED IN THE PLATE" and add a "Certificate of Authenticity" and "Guarantee" the authorship of the original work of art?

Authenticity and Guarantee of WHAT?...we suppose that when we receive or buy an "ORIGINAL WORK of ART" that its "provenance" can be "uncertain" or "doubtful" and maybe we should ask for "Authenticity".

Those "SERIOLITHOGRAPHS", are SERIGRAPH? (Silk Screen print process )....are LITHOGRAPH? ("lithos" in Greek means: "Stone", print process),.. are "ENGRAVING"...are "ETCHING"...

or are nothing but a SIMPLE OFFSET PRINT like any COLOR PAPER MAGAZINE, but printed in a much heavy paper, so, what you get there is a paper with a Offset Printed PHOTOCOPY of a ORIGINAL artwork.

"THE FORMULA"

Of course everyone has the right to sell anything he has received as a gift.

If someone receives a gift with a "Certificates of Authenticity" and a "Appraisal"....this gift or object start to be something with a supposed or certain value.

The Gallery induces the public to receive those "gifts" for only the cost of the "shipping", and gives an "appraisal".........of $xxxx....this ACT creates a underground Market!!!!???

We have a Law against those practices?...."the inducement to create a underground market"

http://www.parkwestgallery.com/freeOffer.aspx

So, if we receive a printed paper of the edition of 9500 pieces we have here a MARKET. It is not necessary that one person receives all the 9500 pieces, but an uncertain number of people that go with those "gifts" and put them for SALE, is a MARKET!!

Suppose we have out there 12 printed images in editions of 9500 per image, of five different Artists which were as "given as a gift"; we have here 12 x 9500 = 114000 papers.

Suppose that they are sold for only in $15 each.

We have on the market: $1.710.000.....!!!!

"THE MAGIC CONTRADICTION"

If those Artists have a Agreement with the Gallery to FLOOD the market with thousands and thousands of papers of a photo printed image of their artwork in such prices and quantities, they are "SUICIDAL", because the buyers and collectors of their artwork will prefer to receive a print of their artwork as a gift or pay for them such low prices, instead of buying a Limited Edition of SERIGRAPHS at 300 or more percent higher price.

The art market of those artists and their reputation will be damaged in a short time and with the danger of it being almost impossible for them to sell a LIMITED EDITION of their artwork. Worse, it will be more difficult for them to sell their Original works as, Oils, Acrylic or other mediums of a UNIQUE artwork: "ORIGINALS".

They will never be free in the Art Market, except working for this Gallery.

If the Publisher, Gallery, Auctioneer or Representative of those Artists, FLOOD the MARKET by themselves with those SERIOLITHOGRAPHS in editions of 9500, so, they are "SUICIDAL" too, because they have FOR SALE in the gallery collections, Limited editions of Serigraphs, a variety of printed work of art and Originals artworks too, so with those thousands and thousands of papers on Market in such low prices, they made a "COMPETITION" to themselves, we have here a contradiction.

"SUGGESTED CONCLUSION and QUESTION":

If it is not a crazy contradiction to their own interests, so WHAT IS THAT if not a underground MARKET that Park West Gallery and his owner "Don Scaglione" by himself has create for his OWN PROFIT?

MORE QUESTIONS:

Have we here a multi-million dollar FRAUD?
Have we here a criminal use of Artists?
Have we here a prostitution of Artists?
Have we here a kind of "Cossa Nostra" protection?
Have we here a criminal THEFT of Intellectual Rights?
Or is it a NEW kind of the "PYRAMID GAME"?........or what is it?

Somebody in your country needs to clean up the back yard.

Intellectual Copyrights Infringements in all Modern Countries are punished.

Thank you for your kind attention.

Alex Perez

Pucon
CHILE

Phone: 56 45 44 95 23
Cell: 56 91411921
Website: www.a-perez.com
Email addreses: aperez@a-perez.com

From: Robert K. Burlington
Sent: Friday, September 24, 2004 6:40 PM
To: 'aperz@a-perez.com'
Cc: 'dvaree@parkwestgallery.com'
Subject:
September 24, 2004
Alex Perez

My name is Robert Burlington and I am an attorney in Miami, Florida. I represent one of the most respected art galleries in the United States, Park West Gallery.

My client has learned about, and I have verified, a shocking, defamatory, and completely irresponsible and misplaced attack against Park West's valuable name and profile on a website created and maintained by you. It is the worst form of trade libel I have ever encountered. Park West will not stand for or tolerate one more minute of this disgraceful and inexcusable attack on its name, business, and reputation.

It is clear that your contract with your longstanding representative, Rami Rotkopf, President and CEO of Smart Publishing, Inc. ended on September 1, 2004. It is not coincidence that your malicious and defamatory website coincides in time with the termination of your contract with your longstanding agent with whom Park West dealt in connection with you and your works.

Apparently, you believe you can best promote the work you now market on your own by defaming the interests that loyally served you for years.

The website you authored and maintained falsely accuses my client of "criminal acts", dealing in "stolen and illegal" artwork, and of using unauthorized certificates of authenticity. You further engage in offensive stereotyping and reveal bigotry through innuendo directed to Mr. Scaglione's family name by pejoratively libeling him and his company with your reference to "Cossa Nostra Protection." You should be ashamed of your conduct and your accusations which are false, indefensible, and will be viewed as such by a judge and jury in federal court here in the United States.

Ironically, your impulsive and misguided attack has brought harm and shame to yourself in more ways than one. Your website undermines your credibility as an artist and jeopardizes the value of all your work. Moreover, it impairs the willingness of any serious artist representative or gallery anywhere in the world to have anything to do with you or your work. But you deserve the harm you have brought on yourself and your work. Park West, on the other hand, is deserving of nothing but your profound and sincere apology. It promoted your work for your benefit and you have received substantial compensation from Park West's efforts. Thus, your vicious attack is doubly ironic.

Park West has a written agreement with your longstanding representative, Smart Publishers of Fine Art, Inc. and Rami Rotkopf. You, in turn, have a longstanding agreement with Rami Rotkopf and Smart Publishers of Fine Art, Inc. At all times, Park West acted within the framework of those agreements and in all respects. Beyond that, you produced art work for and worked directly with Park West Gallery for more than six years. You delivered hundreds of paintings and signed thousands of prints for Park West Gallery. The false portrayal of Park West Gallery in your website stands in stark and dramatic contrast to what actually transpired. And, I can prove it in a court of law. There are several eye witnesses to your express authorization of the promotional works you now complain of and condemn.

Demand is hereby made that you IMMEDIATELY cease and desist publication of the website in which you maliciously defame and harm Park West Gallery. If you fail to do so IMMEDIATELY, you will add to the undeserved and unwarranted harm you have already inflicted on a highly respected gallery which has worked on your behalf for many years to establish, promote and preserve the recognition and value of your works. And you will pay for the harm you cause.

You have made an enormous mistake which must be immediately addressed by instantly and permanently shutting down the vile website you have created. Then, and only then, can there be any dialogue between you and Park West Gallery. You must act NOW! Remove the defamatory site NOW! Confirm that you have done so immediately.

GOVERN YOURSELF ACCORDINGLY.

(sent by e-mail to avoid delay)-

Robert K. Burlington

From: "Alex Perez Fine Art" <aperez@a-perez.com>
To: "Robert K. Burlington" <rburlington@bwskb.com&gy;
Re: Re:PARK WEST
Date: Monday, 27 September 2004 15:19

Dear Mr. Robert K. Burlington.

One and only one question you need ask your client PWG: "If they have any written agreement WITH ME for the use of photographs of images of my original paintings to do editions of 9500 of offset prints (SERIOLITHOGRAPHS) and worse, to issue with them an APPRAISAL and those images appear in places as Ebay for sale?" This is a MARKET of a product I never authorized in any agreement with any publisher.

The act of "SIGNING IN THE PLATE" is an ACT that according to my agreement with Smart Publishing, was ONLY in case of my death in the process of printing serigraphs, and all the serigraphs projects were SIGNED by me at time till the end of my agreement with my publisher.

I worry about the UNAUTHORIZED use of my SIGNATURE and IMAGES.

WHO NEEDS TO STOP THAT IS YOUR CLIENT, or it needs to be stopped by the LAW there in USA or the International LAW about Intellectual Rights.

All my requirements of PARK WEST Gallery to stop the use of my images and the unauthorized use of my SIGNATURE remain unanswered since July 2001 when I asked about those ACTS, and in a FAX I have that Mr. Scaglione promised to Mr. Rotkopf that in the future Scaglione will ask for further use of images for "PROMOTIONAL PURPOSES" with a copy to me. But with time those "promotions" have started to be a MARKET!!!

I have contacts with the relevant OFFICES IN YOUR COUNTRY, with UNESCO and the relevant Offices in my country, about those ACTS, that I require to STOP immediately; the International Law about Intellectual Copyrights defends my RIGHTS.

Your client needs to keep those Laws, not only for his own reputation, but also for the care of the CULTURE and the reputation of his own country in other countries.

Your client HAS NO RIGHT TO USE MY IMAGES AND MY ARTISTIC SIGNATURE WITHOUT A PRIOR AGREEMENT WITH ME. If he used or continues to use my INTELLECTUAL RIGHTS without my permission he EXCEEDS the LAW about this issue so YOU NEED GIVE HIM GOOD ADVICE.

Is not important to me WHAT KIND OF AGREEMENTS HE HAS WITH MY EX-PUBLISHER about my works, MR. SCAGLIONE and PARK WEST GALLERY NEVER SIGNED WITH ME ANY AGREEMENT, not for that and not FOR ANYTHING. SO, I REQUIRE FROM PARK WEST GALLERY IN WRITING AND TO PUT AN ANNOUNCEMENT IN THE NEWSPAPERS OF MICHIGAN AND FLORIDA THAT HE WILL STOP THE USE OF MY ARTISTIC SIGNATURE AND PHOTOCOPIES OF MY IMAGES. IF NOT, THIS ISSUE WILL BE A INTERNATIONAL CASE OF INFRINGEMENT OF THE INTERNATIONAL AGREEMENTS ABOUT INTELLECTUAL RIGHTS SIGNED BY USA WITH OTHER COUNTRIES.

IF YOUR CLIENT DOESN'T KNOW THE LAW ABOUT THOSE QUESTIONS, YOU AS HIS LAWYER, MUST EXPLAIN TO HIM THE LAW.

Cordially

Alex Perez
www.a-perez.com

From: Robert K. Burlington
To: aperez@a-perez.com
Sent: Monday, September 27, 2004 7:03 PM

Mr. Perez, I am profoundly disappointed that you have failed to act responsibly by removing the defamatory parts of the web site you created and continue to maintain. Your response leaves no room for a dialogue and unless that changes immediately, Park West will sue you and those acting in concert with you for defamation.

Because you acted through your expressly authorized agent in the United States, everything he authorized is binding on you. Moreover, you made at least three trips to the United States, one as recently as May, 2004, during which you sold art, signed art, and conducted business in the United States. Thus, not only did you authorize that which you now complain about, but you have subjected yourself to the jurisdiction of our courts of law.

Additionally, you have known since at least 2001 of the events you claim now, in late 2004, were unauthorized. Your accusations are both false and enormously untimely. If you really believed that Park West did something wrong, you had a duty to speak up long, long ago.

Your authorized agent here in the United States confirmed to Park West, and to me, that both of you expressly approved that which you now claim was not authorized. And, there are additional witnesses to your approvals. If you do not cease and remove the defamatory parts of your web site, Park West will be forced to sue you and xxxxxxx (name removed) in the United States. You will be forced to pay legal fees and you will loose.

Park West has been a valuable partner in promoting you and your work. It has at all times acted in good faith and in reliance on your approvals and those of your exclusive world wide agent. Now that your contract with your agent has expired, it is clear that you want to promote your work on your own. Park West will not stand in your way.

Park West is willing to have a constructive dialogue with you to try to resolve this matter in a satisfactory way to both you and Park West. In order to do so, however, you must immediately remove the defamatory parts of your web site. Anything short of that, however, will prevent a dialogue and result in litigation.

Your prompt reply is needed to avoid litigation.

From: "Alex Perez - PerezVidal Fine Art" <aperez@a-perez.com>
To: "Robert K. Burlington" <rburlington@bwskb.com>
Re: Re:
Date: Monday, 27 September 2004 20:01

Dear Mr. Burlington.

I am afraid that you don't understand the matter. I talk about the damage that those prints have done to my artistic name, my reputation and my person.

Those prints are for sale at ridiculous prices in low reputation places as eBay internet auctions. Those PRINTS were done by PARK WEST, not Smart Publishing. If Smart Publishing didn't SHOW to PWG my agreement with SmartPublishing, then Mr. Scaglione made a error.

If Mr. Scaglione didn't ask TO SHOW HIM MY AGREEMENT with Smart Publishing before he print and use those images and the future DIMENSIONS that will take that, if he didn't bear in mind the future damage that those PRINTS will done to my reputation, WORSE!! so he done another error.

You and Mr. Scaglione ignored that I haven't any agreement for printing those kind of prints and less in such open editions NOT WITH SMART PUBLISHING and NOT with PARK WEST GALLERY.

Those things you said I have in my website didn't exist. I only ask for JUSTICE, to STOP the unauthorized USE of my ARTISTIC SIGNATURE and IMAGES of my artwork.

If somebody there in USA, use an insulting nickname to Mr. Scaglione it is not me. I am sorry, in my page I showed only what I see as a infringement to my copyrights showed in eBay internet Auctions and there are n the certificates, appraisal and names of PARK WEST and Mr. Scaglione's and Mr. Molina's signatures on those certificates. So he would need to SEE THE FUTURE CONSEQUENCES of those acts.

What guarantee is there to me that this damage will stop? What guarantee to me that the QUANTITIES of those PRINTS that are in market without my permission forever will not continue to exist and that somebody out there will not continue to PRINT more editions without my authorization?

WHY doesn't Mr. Scaglione understand that he HASN'T the authorization to do that?

He must remove those EDITIONS from the market IMMEDIATELY. He must stop the use of my SIGNATURE printed in the plate.

The time (old age) of those issues has not been prescribed in the LAW. It is not matter that they were done in 2001 or over all this time till today.

If you try frighten me with those POLEMICS and PATHETIC things you wrote below, then you do not understand the LAW, or you and your client don't want to understand the issues about the damage that PWG done to my artistic name and person.

If you wish you can go to any court you want, but I have with me the INTERNATIONAL LAW, the RIGHTS and this issue will go to the DIPLOMATIC arena.

Your client must keep the LAW and respect the LAW, not only for his own reputation but also for the name of your country in the rest of the World.

Nobody there has the RIGHT to trample on the Intellectual Rights of an Artist, even less one who does not live there. You must carefully keep those Laws.

I never used the name of PARK WEST or Mr. Scaglione in my website.

Cordially

Alex Perez
www.a-perez.com

From: "Alex Perez - PerezVidal Fine Art" <aperez@a-perez.com>
To: "David Zack" <dzack@bwskb.com>
CC: "Robert K. Burlington" <rburlington@bwskb.com>
Re: from Alex Perez
Date: Tuesday, 5 October 2004, 23:07

Dear Sirs.

Mr. Zack and Mr. Burlington.

Please take a look at my website and you will see there are no "defamatory" things or unfair trade against Park West Gallery: www.a-perez.com

All I ask is for you to put attention on what I wrote before: Park West Gallery has no authorization to do prints of Seriolithographs in editions of 9500 per image or open editions and they have no authorization to use "SIGNED in THE PLATE" before my death because they haven't any agreement to do that since I'm alive. I hope too that Park West will respect my genuine request to stop continuing to print and sell, which action caused damage to my reputation as an honest and good Artist.

I hope that with this action from my side this problem is resolved.

Thank you.

Alex Perez
www.a-perez.com

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