Messages

31

Higbee Associates Letter & Lawsuits Forum / Re: Letter from Lynn Burke, Sanders Law

« on: May 23, 2018, 07:25:04 PM »

Class action is an awesome idea.  There must be hundreds of victims of this scam who paid out money to a troll.

Someone could gather up a list of the most prolific photographer trolls in these forums and name them all as defendants.  Don't go after the law firms.  You won't win there.  Go after the ones seeding the internet with their images and then calling up the law firms.  Show them that sending any sort of demand is very dangerous.  Also, they'll be much more likely to settle easily than the law firms after their names are dragged through the mud and their plundered treasure threatened.

Further I'd venture anyone who has ever received a demand letter from a named troll could receive part of the settlement.  I once got a settlement check in the mail for someone spam calling me.  The class doesn't need to have spent money to qualify for a payout from the trolls.

32

Higbee Associates Letter & Lawsuits Forum / Re: Copyright Registration Question

« on: May 23, 2018, 05:08:04 PM »

Sure you can get a number, but what does that really tell you?

My registration # is 123.  Sure, you'll even find a registration in my name for number 123.  But how do you know what photo or photos are included in it?  You don't.

For example: you "stole" my picture of my cat.  I have a registration # 123 and I'm going to sue you if you don't pay $1000 right now.  What I didn't tell you is registration 123 is actually for a picture of my goldfish.  No way for you to know.

Here's what I'd suggest.  For anyone receiving a demand for a supposedly registered image, have the troll send you an official copy of the deposit straight from the copyright office at their expense.  If they can't or are unwilling, ignore.

33

Higbee Associates Letter & Lawsuits Forum / Re: Copyright Registration Question

« on: May 23, 2018, 03:01:13 PM »

A registration certificate and the registration database online prove NOTHING.  I could make up a whole song and dance about how I registered some photo and that registration certificate covers the photo, but unless you get something directly from the copyright office I wouldn't believe anything I'm told.  How often do people tell fibs about what is covered by their group registration of photos?  Probably all the time, and the only real way to find out is in court.

In the case of this photo, the proper response is ignore and dump into the trash bin.  They have no options to collect anything from you that are even remotely financially viable.

34

Higbee Associates Letter & Lawsuits Forum / Re: Letter from Lynn Burke, Sanders Law

« on: May 21, 2018, 02:05:19 PM »

There are TONS of these trolls.  Most are amateur photographers who bullshit themselves into thinking they are pro.  They couldn't sell a photo to a turd even if they paid the turd.  They spread their images around on photo sharing and viral sites and then call up the copyright enforcement services.

Solution is to write terrible reviews of them on RipOffReport, Yelp, and other sites, report them to the various authorities such as taxing authorities and the state AG offices, and NOT pay them a dime.

Just check out Tom Schwabel.  He seeds his crappy images everywhere.  Images which aren't even copyrightable since they are copycat images from famous photographers.  Then he sends you demands for 100's of dollars for your blog page with 3 views and rips it down with fake DMCA notices when you don't pay.

35

Getty Images Letter Forum / Re: Pixsy demand email

« on: May 21, 2018, 12:39:14 PM »

Personally I think $15 is generous.  Based on buying 5 or more images the price on the site you mention is less than $10/image, and did you know the photographer only gets a small fraction of that, like $1 or $2?  So the s*itty photographer has really only lost a dollar or two.  If you want to offer something, offer them a dollar or two, but then send them the check by mail and deduct the postage from the amount they receive.

36

Getty Images Letter Forum / Re: Has pixsy ever taken serious legal action?

« on: May 14, 2018, 02:21:27 PM »

Blowback is what EVERY one of these talentless hack "photographers" needs.

37

Higbee Associates Letter & Lawsuits Forum / Re: Photo used with no copyright registration

« on: May 11, 2018, 03:40:43 AM »

Bingo.  Fortunately, I get real dirty when people try to trap me.  I hope he's enjoying all of his audits and bad reviews of his "business".  It's unconventional and probably ill advised by any attorney, but it works powerfully.

38

Higbee Associates Letter & Lawsuits Forum / Re: Photo used with no copyright registration

« on: May 10, 2018, 05:21:07 PM »

I doubt Schwabel would be able to produce any invoices, and even if he did I can imagine they'd be falsified or grossly inflated.  How would you even verify the amounts without finding his clients and bringing them into court?  I certainly wouldn't take any invoices or sales records provided to me at face value.

Moving on from that, so since you appear to be versed in US law, then tell me how the courts would view someone who, at best, arbitrarily enforces his copyright to ensure a maximum windfall, or at worse, actually is uploading his works without copyrights to free image and wallpaper sites?

A quick check of his image on Google shows 25,270,000,000 sites with his exact image.  How did that image get there if he hasn't been actively deceiving people into taking his image?  Why isn't he pursuing all of these people?  Schwabel is clearly seeding the internet to make money off this crappy unoriginal Peter Lik knockoff image.

39

Higbee Associates Letter & Lawsuits Forum / Re: Photo used with no copyright registration

« on: May 10, 2018, 02:38:43 PM »

I disagree with your example.  It differs in who is setting the value.  In the case of that photo, he is setting the price with no relation to market value.  He can ask whatever he wants and maybe he can get some sucker to pay that price once or twice, but the value is what similar photos are being sold for.  And that price is free to $10.  Just because you say your white Mercedes is $75k doesn't mean it's $75k.  Maybe you sold one for $75k once upon a time to some idiot who overpaid, but you need to consider what the average price of a Mercedes is, and if I can find 25 pink ones and 500 black ones available at $10k, then the price of your car is probably very close to $10k.  Fact is, photos are a dime a dozen and everyone in this forum needs to understand that.

People like him are extracting windfalls all over the place, like this hobby photographer getting equipment for photos he'd probably never sell: https://www.dpreview.com/forums/thread/4179226

You speak of ethics?  Is it ethical for someone to get a hundreds or thousands of dollar windfall for a $5 photo?

Speaking of amateurs, Schwabel doesn't have a website or a business license that I could find.  Pretty much no clients or publications either.  In fact, based on my research of him, I reported him to the IRS and the Oregon AG for extortion and tax evasion for not reporting his extortion income.  Makes you wonder what else he's not reporting to support his high-flying lifestyle?

40

Higbee Associates Letter & Lawsuits Forum / Re: Photo used with no copyright registration

« on: May 09, 2018, 06:06:35 PM »

Here's an image of a very active extortionist who I unfortunately came into contact with.  His "treasure", which he's seeded all over the internet to entice extortion is this: https://www.flickr.com/photos/schwabel/2984073568/

But how unique and special is this work?
https://www.google.com/search?q=portland+japanese+garden+maple&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjo3o_Vz_naAhUI1WMKHW8mAy8Q_AUICigB&biw=1920&bih=1094

Not at all.  Many of these images are the same or better and some of them are available for free as creative commons or on istock.  Yet this guy goes around asking people for hundreds of dollars for blog posts.

Do more research and then you find most of the people extorting people are "photographers" who haven't found success, so in order to make money from their new hobby or side job, they resort to extortion.

A successful photographer like Annie Leibovitz isn't out extorting people because she doesn't need to.

41

Higbee Associates Letter & Lawsuits Forum / Re: Photo used with no copyright registration

« on: May 09, 2018, 12:55:24 PM »

My understanding is the trolls can't get fees and costs without it being registered.  Which makes me wonder why the hell any lawyer would even touch this case.  It should be fairly easy for you to prove their damages are equivalent to a $10 istock photo.  So I'd say, let them sue and spend 1000's to get $10 from you!

42

Higbee Associates Letter & Lawsuits Forum / Re: Photo used with no copyright registration

« on: May 09, 2018, 03:07:31 AM »

They actually told you the photo had no registration?!  They could have at least lied to you or made up some sort of BS story.  I hope the idiot "photographer" sucks down a whole bunch of Higbee fees for this stupidity.  Personally, I would waste as much of Higbee's time as possible so the moron who decided you should be sent a letter for his worthless photo thinks twice about ever doing that sh*t again!  Sadly, I don't think the "photographer" will have to pay anything.  What a shame.

Please, whatever you do, don't pay anything to them!

43

Higbee Associates Letter & Lawsuits Forum / Re: Got my harassment letter. Image. Finding info scattered here.

« on: May 07, 2018, 07:14:33 AM »

Who is the "photographer"?  Can you find information on him that indicates he's another of the class I'm seeing so many of whose work isn't actually salable?  So the only way he can make money from his images is to extort small businesses like yours?

44

Getty Images Letter Forum / Re: Safe to Ignore Copytrack Threats In the US?

« on: April 30, 2018, 12:53:21 PM »

You client should pay nothing, EVER.

Do some research on the photographers that use these services - go in photographer forms where copyright infringement is discussed.  if their work were any good, they would not need to extort people.  Most of these people are talentless hobbists that think their work is worth something.  when you read about the guy that bought himself a new lens, your blood should boil and you should never pay a dime, ever.  instead, expose the photographer for who he is.  and contact his real employer to tell them that they may be illegally extorting people using company resources and time.

45

Getty Images Letter Forum / Re: Copytrack chasing me

« on: April 18, 2018, 02:31:10 PM »

A crappy photo and a letter from Copytrack.  Sounds like another talentless hack that figured out the only way he can sell his crappy photos is to send people in 3rd world countries demands for more than they make in years.  Ignore, and consider writing a bad review about the photographer.  Do NOT feel guilty, these people prey on your guilt.