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Dear Brian,
Thank you for posting back.
Concerning the 360 hectare property and the images used on your website under “Our Properties”. Many of these images depict land which is not the property of OCR, but owned by us and most images are my copyright. In effect, features of properties which are not for sale and which OCR does not own, are being used to market your project. A number of these images were shot by me on property we purchased.
In this respect it is obviously misleading in that claims are being made that OCR are the owners of property illustrated. Also under “Property Research” you show a copy of a land registry document covering property owned by Carlos Barrantes. By doing this there is implication that you own this property. Why not show the Land Registry document for the property OCR actually owns?
There are a fair number of our images used on your website and these can be identified as file names beginning with cr2004, but not limited to images with that prefix in the filename. Other examples are the three Red McCaw images, the pelican, two crocodile images and more currently being published in your photo gallery under “Nature”. Apart from “Our Builders” and “People”, there are copyright violations in every section of the photo album. I would add that OCR certainly do not have permission to use any of these photographs from me or from a few other copyright holders – no such permission has ever been issued to any party by the legitimate/legal copyright holders.
I would appreciate your comments.
Al Macleod
Director
Flamingo Springs S.A.Dear Al,
I asked you to contact me directly concerning these issues but you have chosen to post on this BB for whatever reason.
To address your concerns I will point out it was your daughter Leslie who has claimed to have photographed these images and has given us permission to use them. Her partner David (whom you are aware of) and Leslie both entertained a joint venture with my company to develop the land you speak of (360 Hec’s). Under the circumstances and with the current land dispute that you are part of we decided against that partnership. This is where and why the images are posted on our sites and will naturally be removed as we are not going forward with joint venture at this time.
Copyright – I also understand that you are in a web based entertainment industry and are aware of copyright and intellectual property rights but I do have written permission to use all images posted on our sites. As you obviously disagree that these images are yours and not you daughters then I would suggest that you have her send my company and email stating that fact and those images will be removed immediately. Within the next 2 weeks then entire section will be updated and those images will be changing anyway.
Pertaining to this quote “Also under “Property Research” you show a copy of a land registry document covering property owned by Carlos Barrantes. By doing this there is implication that you own this property. Why not show the Land Registry document for the property OCR actually owns?”
This is a generic section of our web and is used by many property seekers and not just our clients. It does not imply nor state that this is our property but simply is used as an example to illustrate what potential buyers should look for. However you idea of displaying our own doc.s is a good one and I have already made recommendation to change it. Thank you for your advice.
I wish you success with your project in Tambor.
Brian Hughes
(905) 750-0010Hi Shelagh,
We’re hoping to get back down in February or March, so we will try to find your new business and drop in.
Steve
Dear Brian,
This is a very simple issue and one where OCR is, and has been, portraying property belonging to other parties on their web sites claiming to own these properties, when in fact, this is untrue.
An almost similar situation exists with Carlos Barrantes’s land registry documents where publishing this image under the “Property Research” section on OCR web sites selling an OCR project, is simply semantics and game-playing and while OCR gives no indication, illustration or map of any property they actually own.
I understand that you may have written permission to use images, however no such permission has been provided by the copyright holder/s and Martinez et al are not in the business of acting as agents for photographers. Dealings OCR may have with any other party over land or images is OCR’s business entirely and their responsibility to resolve. I have already stated twice that I personally, along with others, own the copyright of a number of images on OCR web sites and no rights to publish images, either on the internet, print, or any other media, has been granted. This is not a discussion or dispute about image ownership – it is a fact that OCR is currently using photographs without legal permission. OCR is responsible for it’s own conduct and performing it’s own due diligence on those who it elects to have “joint ventures” with. That is not my/our concern or responsibility.
If you do not have a “joint venture” with another party regarding land, it is obvious these images should not have been used until such a situation did exist, and where normal due diligence was performed on the rights of use. If a “joint venture” did exist and was subsequently aborted, all imaging should have been immediately removed otherwise OCR clients and potential clients are clearly being misled into thinking OCR actually own these properties.
Please note that it is not my/our responsibility to remedy OCR’s copyright violations and misrepresentation of the corporate status of OCR in relation to these properties. This rests entirely with OCR officers and their relationship with Martinez et al.
I request that you remove all relevant images from all OCR web sites immediately and leave no suggestion that OCR owns our properties and also ensure that copyright belonging to me and others is not used on any other media or as seminar content.
It is becoming clearer that this issue involves more than copyright violation and may involve mispresentation on the selling of land to potential unsuspecting clients. We will also pass this information to appropriate parties since this involves a “joint agreement” with an entity which is operating outside the Costa Rica Commercial Code to sell property which we paid for and is not for sale.
Al Macleod
Director
Flamingo Springs S.A.Edited on Sep 03, 2007 14:28
Edited on Sep 03, 2007 14:30
Dear Al,
Not sure what you motive is here but it seems that you are eager to make accusations and statements on this BB.
We are not currently in any joint venture partnerships nor are we acting outside of any moral, ethical or legal codes/issues. As I stated clearly our website is undergoing some changes particularly within our galleries. I also stated that we have permission to use any and all images you claim to be proprietary to you. ALL images on our site show property we own, develop, have option on and have purchased. So once again, you will need to be more specific on which images you feel are not in keeping with our company. The 360 Hec parcel that you are referring too is actually made up of 5 separate fincas and many images have been taken from some of these properties that we have development rights over. If you are in a dispute with any of these individual properties then our lawyers will naturally inform us and make recommendations. I will state that we will never be involved with any property that has possession complications. Every client of ours visits our properties and their selected lots. Our site plan section of our website clearly shows our properties currently offered for market. Every client is entitled to all supporting legal documentation through our office and our attorneys office.
I am aware of all aspects of my business but am not aware of yours. My first introduction to you is on the BB and therefore I cannot accept anything you say as fact only opinion. It would have been easier to call you directly had you posted your phone number as I have – or provided more contact information. You have chosen to air your opinions on this public board to solve a situation which is obviously important to you. Therefore, once again I have provided my contact information and our companies attorneys information so that you can properly channel your concerns.
Personally I think that your copyright issues are understandable – if true – but you need to demonstrate this. Your daughter, Leslie Lyon said (in writing) all images were taken by her and you claim by you – this is the first I’ve heard of this. Maybe you should speak to her about this issue and have her request the removal. I will gladly do so. In any case my photographer has been in Tambor and photographed our properties and some future developments. These images are current will replace many on our web sites shortly.
Al, you now seem more interested in posting negative opinions about my company and are less concerned about copyright. This is surprising seeing how you have property near my developments and plan on doing business in Tambor. To me it would seem more prudent to get along with your neighbors if not for business reasons then at least for common courtesy. My company is transparent to our purchasers and if at anytime we are in conflict with any person, business, issue or matter – we solve it.
I believe there has been enough said on this matter but if you chose to continue with these posts then please have the professionalism to display you phone and/or direct contact info.
Brian Hughes, Senior Partner
OCR Properties Group Inc.
International Office
Tel.: (905) 750-0010
Fax: (416) 981-7147
brian@owncostarica.comDear Brian,
Thank you for your reply and will comment briefly, if this is possible.
There are no ulterior motives involved, but more an aim of total transparency and honesty in the interests of all victims involved and where your company may, or may not, also be included on that list. Statements made are not intended to be negative and are simply statements of fact and we have no problem in presenting evidence and witness testimony to a competent authority/court.
Concerning property, I understand from what you have said, Monterra Developers S.A./OCR Properties Group Inc. were in a “joint venture partnership” and that they are not going ahead with this joint venture at this time. However, it now appears you are claiming you have development rights on some of these fincas.
You are correct in that the 360 hectare property does indeed comprise five fincas. You are telling me about the land we funded. I cannot expand on detail of the current action, though it would be an understatement to say this was simply a dispute. It would be fair to say we are taking whatever steps necessary to recover every square meter of this property and introduce the concept of justice to all parties involved.
Quote: “The 360 Hec parcel that you are referring too is actually made up of 5 separate fincas and many images have been taken from some of these properties that we have development rights over.”
If you are saying that OCRPG Inc. or an associated corporation has development rights or financial interest in any of five fincas on the 360 hectare estate, it is clear there is a problem and better lawyers consult on this. By way of clarification, Martinez et al do not represent either shareholders or funders of this property. I also appreciate OCR would not knowingly be involved in property where possible possession complications exist. Site/plotting plans are obviously sub-extracts of larger areas and are not a verifiable method of identifying actual land areas from documents at the Registro Nacional, hence we are in no position to comment on these. If OCR were to publish detail on their websites of actual property owned, other than Registro Nacional filings by Carlos Barrantes, this would obviously avoid possible identity confusion.
Concerning images and violation of copyright, we have recorded data of OCR-related websites over a period of time amd have today checked the “Our Properties” sections of a sample of currently published web sites, namely owncostarica.com, monterracostarica.com and wealthy2.owncostarica.biz. All images which previously illustrated that the 360 hectare area of land was purportedly owned by OCR, have been removed from the “Our Properties” section on OCR websites on September 5th 2007, although it is fair to assume you are already familiar with this action before you elected to respond to this chat board thread.
Regarding your statement, “ALL images on our site show property we own, develop, have option on and have purchased”. This may well now be correct in that there are now no images of any property under “Our Properties”. To quote your website, – “Our Properties – No image to display in this album”. I think I understand your meaning, however, it is somewhat grandiose to claim “ALL” properties on the OCR websites are instances where you “own, develop, have option on and have purchased”. There are a number of properties on your web site of the surrounding area, a fair number of which were photographed by us, and these are certainly not for sale or owned by OCR/Monterra Developers and it would be inaccurate to make claims otherwise.
A considerable number of other images which are the copyright of both myself and others remain on OCR websites, including those specified previously on this thread. Since last posting, we have had confirmation from several other copyright holders and this is not in any doubt. In OCR’s interest, it would be appropriate to remove all images where there is not a written license to publish specific images. By the way, there is no member of my family with the name ‘Leslie Lyon’. As previously suggested, it may be relevant to perform due diligence on companies and individuals you do business with. Responsiblity rests with the publisher to ensure reproduction rights exist and would invite you to prove valid rights to reproduce any of the subject images, otherwise remove these images from OCR-related web sites as already requested. This statement does not limit any action we may elect to take in seeking remedy for infringement at a future time.
I agree that it would be more appropriate to take issues off this board. This already was the case with my last post where it was indicated what action we are taking. Generally, other than that which was blatantly obvious, specifically image copyright violation, there was a lack of transparency and this has now become clearer – to a degree. You may appreciate that it may not be a surprise to see a reaction when companies, OCRPG Inc./OCR S.A./Monterra Developers S.A., surface and appear to be claiming ownership/rights on property funded by us and using images photographed specifically for our own project in Tambor while illustrating our project land on their web sites, – forgetting the use of images photographed by us of the surrounding area.
Concerning the “professionalism” you refer to. After having multiple instances of copyright violation and while still publishing our images on OCR-related web sites, along with claims of owning property which neither OCRPG Inc. or Monterra Developers S.A. et al do own, perhaps it may be appropriate to refrain from opinions/implications about “professionalism” and address the subject of due diligence within your corporate structure. There is no need for justification or defense in your posts as a confidence booster to clients with feeble attempts at scoring points – we don’t operate in that swamp and have an interest only in facts and transparency. Your clients/prospective clients are not our business and our sole concern is misuse of image content, misrepresentation/claims of owning property funded by us and an apparent change of course in that you now appear to be saying that OCR has development rights in the property you previously said OCR had no interest.
You are assured that I/we have no interest whatsoever in posting “negative opinions” and only have an interest in fact and remedy to obvious issues and wish you success in your venture in Tambor.
There are several issues arising out of this thread which clearly need clarification and transparency and this may probably be in both our interests. At this time, we have no interest in direct communication concerning either land or images other than in writing and therefore, will introduce our legal representative and where OCR will be provided with contact data.
Meantime, if you wish to fax any concerns/questions you may have, or state your position, this can be faxed to 506 228 8452. Alternatively, email using the ’email us’ link on the flamingosprings.com web site. We will be happy to address any points you may care to raise.
Al Macleod
Director
Flamingo Springs S.A.
flamingosprings.comDear Al,
I have spent the better part of 2 days researching information on the properties that you claim to be yours (360 Hecs). I believe now that I have a good understanding of your situation and some knowledge of your legal disputes with your family and investors overseas. I can understand that you must be very frustrated with these battles and the victims involved as it has been going on for a such a long time. But it has nothing to do with us.
OCR and Monterra are the same company (no joint venture), OCR is the marketing engine for Monterra. We own farms in Vainilla (Tambor) and are developing there. ‘Blue Penguin’ (corporation in CR) has made claims and has shown documentation that they own your farms and have a legal disputes with your investor group.
My company is not on these properties but 1 year ago we were approached, in writing, by ‘Blue Penguin’ as an offer to develop those lands in the next few years. We still hold that paper but would not engage into it until all titles are assured – which they are not and possibly may never be.
Whether the land is yours or theirs makes no difference to me as I currently have no financial interests in it. If you ever get titles and solve your legal issues I would be happy to discuss developing those lands as a partnership but only with the true owner (if interested). Our attorneys have already been in contact with your group’s lawyer and it was actually your lawyer that ‘Blue Penguin approached us with (at least they claimed). You may want to get a different lawyer. At any rate we not involved at any level with you or them in this matter
As for the copyright of images. I will contact Leslie, your daughter (I found out that she changed her last name to ‘Lyon’ because of your dispute) and will tell her that I will not be posting any images of hers (or possible yours) based on your postings. Therefore I will remove all images even though I have permission to use them. As I keep mentioning our site is undergoing current changes anyway – you have already seen changes which has nothing to do with your quote below.
Quote: “All images which previously illustrated that the 360 hectare area of land was purportedly owned by OCR, have been removed from the “Our Properties” section on OCR websites on September 5th 2007, although it is fair to assume you are already familiar with this action before you elected to respond to this chat board thread.”
One more thing – The style in which you write these posts sounds very legal and official and can easily mislead the common person in thinking that my company is involved in some huge legal issue – which it is not nor ever will be. This has been a tactic used by character assassinators and can easily be posted on any high published web site – I hope this was not your intention but it may have that result. The internet is a great medium but it’s down fall is that anyone can post anything.
Brian Hughes, Senior Partner
OCR Properties Group Inc.
International Office
Tel.: (905) 750-0010
Fax: (416) 981-7147
brian@owncostarica.comDear Brian,
Further to your post above, this has already been covered in considerable detail in my previous post and there is no need for repetition.
All other claims/allegations/comments have been noted.
Al Macleod
Director
Flamingo Springs S.A.THIS POSTED IN THE WRONG PLACE AND REPOSTED HERE BY SCOTT
Posted Sep 26,2008 8:57 AM dperotti
I purchased a lot in VDP two and a half years ago cash. I did finally receive my title to the property and have spoken to a few of my neighbors there that built homes. Although it did take some time, I did finally receive title. Just wanted to drop an update as I was one of the folks that inquired through this forum, quite some time ago, about them.
Thanks
Dave
From the above chat – you have been doing business with Blue Penguin and know of David Martinez?
Brian, neither Blue Penguin or Martinez paid for that property, so yes, that could be called a ‘legal dispute’ although I’d call it fraud – Al Macleod has already addressed this.
If you happen to still know the whereabouts of Blue Penguin and David Martinez or their lawyers I’d be very interested. I (and other people) paid them for this land and they now appear to be missing after having tried to sell the property.
If anyone else has heard of them, I’d appreciate any information. Thank you!!
dr-allison,
We have no affiliation with David Martinez or Blue Penguin. Although I do see him from time to time in SJO. I would assume he is easy to find. A Corp. search will give you info on ‘Blue Penguin’. Good Luck.
For more info you can always contact me directly.Brian Hughes, Senior Partner
Monterra Developers Group LTDA, Costa Rica
International Office
Tel.: (905) 750-0010
Fax: (416) 981-7147
brian@owncostarica.com
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