Saturday, February 6, 2016

Cardiff merchants sue Kook race organizers

Union-Trib:
For the first three years of the race, the business association and race organizers had a partnership agreement. Under that agreement, revenue from the runs paid for beautification efforts around the statue, including new landscaping. For this year’s event, however, Lebherz decided to go in a different direction and approached a citywide parks group — the nonprofit Patrons of Encinitas Parks organization — about a partnership.

“We just felt like we had accomplished all the stuff we had wanted to accomplish (around the statue),” he said.

The trouble is that he’s still using images of the statue to promote the race, Cardiff 101 MainStreet Association officials said. In the lawsuit filed in federal court, the association alleges that the organizers of the for-profit Cardiff Kook Run have knowingly used the copyrighted surfer images more than 25 times in recent months on race publicity without paying the association.

The suit seeks $150,000 in damages, plus attorney fees.

Lebherz said Thursday that he didn’t know until the legal dispute began that the surfer statue image was copyrighted. After being notified, he took down a billboard sign and agreed to stop using the image on other publicity materials once Sunday’s event concludes.
The Kook was despised locally and unknown beyond until local pranksters made it what it is today. I'm not sure why Cardiff 101 needs to get lawsuit-happy and demand a cut every time someone wants to use a picture of a statue on public property. Maybe the city should start charging Cardiff 101 rent for the use of public property if that's the way they want to play.

48 comments:

  1. Who runs Patrons of Encinitas Parks? Is it legit or a front for the Lebherz and their friends? Cardiff 101 did not sue when the money was being used for the kook. I think their issue is that the money is now going somewhere else.

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    1. It seems that C101 was partners with the promoter and they used the image to promote the Kook Run together, and some funds would be used to community enhansement.
      The then the promoter dumped C101 and wanted to use the copyrighted image to make money and not pay to use the image.
      Sound like he dumped the non profit that owned the image and replaced it with his own nonprofit and still wanted to promote his business as if he owned the rights.
      Maybe he wanted all the money.

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    2. Question for the city council -
      Why does a private individual get to shut down our streets so his marathon can make money? Did the council ask or see the financial information for the private individual? The council should immediately make available the financial information. Does this individual have enough insurance to cover any claims or was the city on the hook for any liabilities?

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    3. Nice leading questions Sherlock. You can simply check the online forms for the insurance coverage requirement when holding a special event.

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    4. He's making money hand over fist and donating a very small portion. They had 2,700 participants, each paid $44-54, that's a lot of money. He donated less than $2,000. Steve also owns the Encinitas Turkey Trot. 2,900 participants each paying $44-$54. They donated $1 for each registered participant back to the local food bank. This is disgusting and greedy Steve.

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  2. The Coast News article has a bit more detail.

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  3. Shark Kook - the 3 piece designer suit variety.
    The most despised creature of all!

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  4. The Patrons of Encinitas Parks has never really come through with anything they said they would do for the City. They were around when the Encinitas Community Parks was being built. They wanted to be the sole organization to get community fundraising for it. To the best of my knowledge they did very little, if nothing, to do what they said they were going to do. I would not trust them to be any different with this. It's always sounds great when a citizens group says they will make sure there are volunteers, funding, etc. But, they are under no obligation to actually do a thing. They get good press, and that's about it. It will be interesting, now that Glen Park, in Cardiff has the Barth tree grove. How many of the people who said they will volunteer to make sure it is kept up will actually do it, or will the City have to take it over? Volunteerism is great and a wonderful experience for all that participate. But,leaving things up to volunteers, who are often busy, get uninterested, or move on, is not a way to run an organization, be it the City or any of the 101 mainstreet groups/

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    1. I agree so much with what you said! C101 does an okay job with Carpinteer Parkway, but, it would be so much better if the city or NCTD would maintain it.

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    2. C101 has done a great job in maintaining Carpenteria Parkway. They created it. There was only dirt there before. Linda Lee and her crew have done most of the organic, pesticide free walking garden trails. The have recruited citizen volunteers and raise money through a variety of endeavors.
      NCTD dose not do gardens. The city assists in money, but it would cost the city far more to maintain, and C101 cares more. Horticulturist, Linda and C101 have done a great job in maintaining that little gem.
      What better would the city do?

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    3. I wouldn't count on the city or NCTD to maintain Carpentier Parkway. It's the only section of the rail trail that has been well maintained over the years. Both the city and NCTD have been negligent with the rest of the trail. Sometimes NCTD mows the weeds in the spring. Other than that, nothing. SANDAG has already said it will not maintain the new rail trail. I fear it will quickly decline based on past performance.

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  5. The city cut down the remaining Cypress tree in Leucadia Roadside park yesterday.... All hail the CRAP. With the city keeping things CRAPPY in Leucadia no need for the Crappy Club to meet every full moon anymore.

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  6. Off topic: anyone notice the big red disk sculpture on the ridge above the golf course just south of Leucadia Blvd?

    Looks like the wind blew it nearly over.

    I think that's still an Ecke family house.

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  7. You'll notice that there is no more Kook calendars, seems C101 played hard ball with the creator of that calendar. C101 wanted a cut of the revenue but didn't want to do any of the work. Typical of a government agency.

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  8. Not true.
    The creater of the Kook Calender, Fred has worked with C101 on the Kook
    Calender since the statue was first calenderized. All is good there.

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  9. Yes, we are appreciative of the work Cardiff 101 has done on the Carpenteria Parkway. That in no way excuses their behavior over the publics domain regarding the Cardiff Kook. That belongs to all of us. They should have nothing to say about the Kook and its images used by the public however they want.

    If Cardiff 101 wanted exclusive rights over any use of that image, they should have bought and paid for it from the start. We, the citizens paid for this and Cardiff 101 should back the freak off. This is so typical around here when we have publicly paid for and appreciated treasures and a few like Mim and her kind get their grubby mitts on something that is not theirs to do with as they see fit. What is next? We have part of one of OUR parks dedicated to an unworthy former council member who turned her back on her supporters once the election was over.

    That a city sponsored [$] group had the gall to sew someone over something they don't own in any way, is pretty low, but not all that surprising, considering what these few have done before with our public treasures. They seem to think they have some imaginary rights over what the rest of us have paid for with our taxes.

    Our tax dollars going to the Cardiff 101 every year is now being used to sew a fellow citizen of this community for promoting the Kook. Talk about Kooks, Cardiff 101 has overstepped their boundaries once again. One thing is for sure with this group, this will not be the last time they try to pull something over on the rest of us.

    Mim and your friends, the fine work you have done on the Parkway is to be congratulated but once again you have gone too far. May this suit come back to bite you. If there was any justice your group would be removed from the city's payroll. if there were a vote allowed on certain street groups around here they would cut off and justifiably so.

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    1. The koo-koo and the Kook.

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    2. Forget Steve; Encinitas 101 is the group to have audited.

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  10. 5:13- I agree with some of your sentiments. However, if I am no mistaken, the City did NOT pay for the Kook. It was community members that paid for it. That's why their names are on the base. I do believe the City paid to put the Kook up and standing in its base, but that's all. Someone correct me if I am wrong on this. The original Kook, AKA "Magic Carpet Ride" began as a woman surfer. Then, and this is just rumor, old man Hansen had a fit and the artist made it into a young boy. That part I cannot be sue of, but i do know regular citizens paid for it, as I was one of them.

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    1. This is correct. In fact, it is mainly people associated with C101 (at the time the Cardiff Chamber of Commerce) who paid for it, raised the money, and worked with the artist.

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  11. Thank you 5:44pm for the clarification on just who covered the cost of the creation of the Kook.

    Encinitas apparently, however, paid to put it up in its selected spot. That being said, there is still some amount, that we, the tax payers, were responsible for, and that a city sponsored and funded organization like Cardiff 101, used those very funds to sew a respected local organization over use of the image is beyond the pale. This charitable organization has paid it forward by giving back to this community.

    Cardiff 101, we do appreciate your efforts on the Carpenteria Parkway along the tracks. . You have done your group a disservice by going after and sewing a group that only wanted to give back. They surely deserve better treatment than you have provided by sewing them. Shame on you.

    When you secured funding for the creation of the Kook, was it in your thinking that you would be able to hold complete control over this supposed gift to our community in perpetuity? A true gift is just that. A gift.

    Apparently, you believe your securing funding for the creation gives you the right to go after anyone that uses the image.The less than generous behavior you have shown, is telling. Shame on you. When is a gift not a gift? Strings attached were never divulged before. Now we all know where you are coming from when you present a so called gift to this community. This was beneath you. On second thought, I suppose it is not.

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    1. Shame on the Lebherz's for taking the money out of Cardiff and giving it to their cronies.

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    2. There is no indication that Cardiff 101, in any way, wishes to, "...demand a cut every time someone wants to use a picture of a statue on public property."
      The problem is a private business enterprise knowingly using a nonprofit's copyrighted image for personal financial gain, without permission or payment.

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  12. 2:50 PM
    The question is ownership. Did the Council give the Chamber of Commerce the $30,000 gratis just as the Council gives money to many other organizations? If so, the taxpayers should be more than annoyed at all the money the Council gives to the other 101s to support the organizations salaries and activities. Licensing the use of the Kook and figure would bring in more revenue for Cardiff 101 and perhaps decrease the amount of taxpayer subsidy.
    The organizers of the run are making money off the Kook.
    Go, Cardiff 101 - defend your copyright.

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  13. The race was a good event for our city. I don's care who owns the kook, it is now a feature of the community. Stop your bickering and enjoy.

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    1. This has not enhanced my life in any way, shape or form. I'm certain most of the people in this city had no clue the event was happening. So, this is good for (fill in the blanks)?

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  14. Has anyone seen the financials on the Kook race? How much does Lebherz pay for the Council to shut down 101 for a half day run?

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  15. Good question 9:56. I doubt we will find out.

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  16. Lebherz's Cardiff Kook Run is/was listed as a partnership, not as a non-profit 501-3C. Do the taxpayers foot the bill for additional sheriff patrol, overtime for city employees, etc. for one person to make money. Who were the city council members that voted for enlarging the coffers of a private person? Heads should roll if the city staff didn't require full reimbursement of city expenditures. Heads should roll if the council ignored their fiduciary duty and didn't require financial statements from the partnership.

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    1. There are standard forms and procedures for requesting a special event permit, just google "special event Encinitas" to learn more.

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  17. Dan Dalager is the President of the organization that got the "donation".

    http://www.californianbusinesses.com/establishment/city/profile/encinitas/19130/patrons-of-encinitas-parks/842772/

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  18. How did one guy put on an event for 2,500 participants at $50 each for $125,000 net and only give $7,500 to charity. Whose charity anyway. Plus he does not have to provide accounting so the profit is hidden. How many other events are for profit in town with no accounting; Surfing Madonna Run, two Street Fairs, Leucadia Farmers Market, (Steve Lebherz) Turkey Trot, (Steve Lebherz) just to name a few. Do we really need all these for profit events to line the pockets of persons friendly to city staff. I'm tired of streets being closed clogging traffic inviting out-of-towners to spend money lining the pockets of carpetbaggers.

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    1. Agreed. Limit these events as to minimize the inconvenience that they impose. It is chaos every time they are held.

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    2. Please describe the "chaos" from last Sunday's event. There was easy access into/out-of old Encinitas from the north. I drove in around 8am to watch the event and the traffic was minimal. There was a cool community vibe surrounding a very healthy endeavor. Give me a break.

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    3. 10:36 AM
      Sounds like something Council members Kranz, Blakespear, and Shaffer would say. No concern about shutting down public streets for a private individual to make money. If you want cool, take it to the community park and let the community vibe make laps there.

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    4. No chaos described. Instead insinuations about who I am. You need to check yourself.

      The private individual(s) organized a cool community event. Not as transparently as the Surfing Madonna organization, but not sinister either. Get over yourself.

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    5. The Surfing Madonna is the exception here. They are a non-profit and have all their books open to the public, I've looked at them. Since December of 2013 the Surfing Madonna Run has given almost $140,000 back to special projects for Marine Life, scholarships, floating beach wheelchairs, the list goes on and on. They also don't shut down streets as their run is on the beach. But your absolutely right about these for profit companies that have events like the Turkey Trot and Kook Run, they need to donate money back and open their books for approval.

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    6. So it would not be cool if a private party used the Surfing Madonna image to use the image to promote his business and make money without permission either.

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    7. It wouldn't be cool at all. Whenever you use another company or organization's image you should always expect to pay a royalty. If you tried to use the Nixon, Coca Cola, Reef, Cardiff Kook or Surfing Madonna image for gain then you should at least pay a certain percentage back to that company or organization. It would be copyright infringement or stealing if you didn't. What do you think?

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  19. Why wouldn't the city require organizers to open their books?

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  20. From the Reader: Firemen's enpire by Ken Harrison
    Residents of Encinitas, Del Mar, and Solana Beach may soon see a different name on the side of their fire trucks.

    The combined department’s name change is part of a management agreement reached a few years ago between the individual three city-owned districts. Consolidating major expenses such as fire chiefs, marshals, inspectors, and equipment saves the cities an estimated $250,000 a year. A one-name district is part of the plan.

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    1. $250,000 ??? That's chump change in the fireman's world. What other profession gets paid while laying on their backs??
      The entire profession is rife with kickbacks and con artists. 3 firefighters to buy a broom?? What the hell?? Efficiency in motion...NOT. They can't go anywhere unless it's a group and each of them carries their radio, oh please....And yet firefighters look to MARINE SAFETY ENGINEERS for cushy jobs.

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  21. Can anyone think of a response to the 10:27 challenge?

    http://encinitasundercover.blogspot.com/2016/01/city-releases-draft-eir-for-high.html?showComment=1454956063061&m=1#c7394222475857320011

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  22. Audit the kook. Let's find out where all that money really goes...Like the "retreats" where board members get expense paid vacations to sit around and discuss issues involving the mainstreets. HUH?? Can't do that in any one of your conference rooms?? Gotta off to a fancy hotel and spend thousands of dollars to say we want to have a music festival?? WTF???

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  23. I never received a dime from this site that is connected to excuses anonymous, however I think I know who is involved.

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  24. I never got a dime from this site and you all are just a bunch of I don't know, some of you let me know what your employment plans where for me. Then you tricked my own family into this stupid project and it goes on.

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  25. Steve Leberherz and Seth Brewer are taking money hand over fist from the community with their Cardiff Kook Run and Encinitas Turkey Trot. They were suppose to give $6,000 to the local Food Bank from their huge proceeds. Instead they gave $1,500 and told the Food Bank that they didn't do a good enough job of advertising for them. Out of the six figures they collected in race revenue they gave less than $2,000 back. This is disgusting! I can't believe our council is probably going to approve the Encinitas Turkey Trot and the Cardiff Kook Run again. They need to get rid of this Steve Leberhertz guy and select another race director or organization that will be generous with their proceeds. Thanksgiving is about THANKS and GIVING not THANKS and TAKING!

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