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Messages - kingkendall

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Getty Images Letter Forum / Re: Image Protect tries again after 1 year
« on: September 23, 2018, 11:34:12 AM »
Keep your powder dry.  Do not respond and do not call  Document EVERYTHING.  Keep every letter, every email and every phone call and put it in a folder.  Other may disagree and say give them a call and negotiate. 

Here's my problem with that.  Unless you're a lawyer and very careful with your words, you can say something that puts you in a disadvantage.   But, let's you want to negotiate anyway.  And the copyright law firm is asking for 4,000, 5,000 or something ridiculous number.  Even if you negotiate it down 50% or even 75%, that still hundreds of dollars more than the photo is worth.  It's still extortion by legal means. 



Then watch this judge reaction to the scam and tells me how he feels about this.


You can argue the images are not worth his demand amounts, that is part of every copyright case.   But you cannot successfully argue a person has made too much money from enforcement.

You do know the name of this website, right?  Extortion Letter  That was a nice speech on behalf of the copyright troll you choose to defend.  I speak in favor of the victims of this scam photographers take advantage of.  Are they within there rights as copyright holders.   Yes they are.  I'm not taking anything away from that.  The best photographers in the world don't sit in their pajamas doing reverse image searches looking for hits for their images so they can send demand letters to cash in.  No, they live on their actual work as a photographers.   The copyright troll isn't in that class.  They take pictures of a parked car or a garbage can, license to a newspaper for $150 dollars or so.  But wait there more.  They can send demand letters for $8,000 dollars and get a settlement for half of that or even less and still make good.  So don't put these trolls in a nobility class of honest aw shucks photographers just protecting their rights.  It doesn't wash here! 

Sadowski is NOT a photographer for the NY Post.  Get your facts straight.  He's a freelance photographer that licenses his photos to news organizations.  And he doesn't make enough money doing just that.  He makes more money via extortion who are quick to pay up after getting a demand letter.  Wake up and smell the coffee!   

If you think these cases aren't all about Christopher Sadowski first and foremost, you're not paying attention to Sadowski's history. 

@ A Lawyer

You don't know what you're talking about because pointing out a plaintiff's scheme to extort money from people using the inadequacies of copyright law in internet age is very relevant information.  Using the Federal courts as collection agencies in the scheme is something judges frown upon as well.

Christopher Sadowski who has filed over 70 copyright  suits over the past 4 years is now filing suits using photog Robert Miller as his proxy.  It's Sadowski who is registering images with copyright office as Miller's agent.  I don't know if anybody on the forum has seen this before.  But, it appears to be a new wrinkle.  Those getting sued by Miller who come across this forum might like to know this information. 

MIller v. Theodore Miraldi d/b/a et al
Filed: August 31, 2018 as 2:2018cv13479   
Third Circuit › New Jersey ›
 New Jersey District Court   

Miller v. Does 1-10 Inclusive et al         Filed: August 29, 2018 as 1:2018cv04909   
Second Circuit › New York › New York Southern District Court
Rayminh Ngo

Miller v. FEBA Capital LLC. et al         
Filed: July 31, 2018 as 1:2018cv06860   
Second Circuit › New York › New York Southern District CourtRayminh L Ngo

Miller v. Temporal Media, Inc. et al         
Filed: July 26, 2018 as 3:2018cv04527   
Ninth Circuit › California › California Northern District   Saba Ali Basria

Miller v. Heavy Inc.         
Filed: May 25, 2018 as 1:2018cv04639 Second Circuit › New York › New York Southern District Court   
Richard Liebowitz

Miller v. Capitol Hill Publishing Corp.         
Filed: November 15, 2017 as 1:2017cv08934   
Second Circuit › New York › New York Southern District Court
Douglass Bayley Maynard

Miller v. Curtis Media Group, Inc.         
Filed: September 6, 2017 as 1:2017cv06801   
Second Circuit › New York › New York Southern District Court
Richard Liebowitz

I think you give Sadowski too much credit.  He's a troll who has filed over 70 cases in the past three years.  No doubt he's making more money on demand letters and lawsuit settlements than he's getting licensing his photos to the NY Post.  I would've made that as part of discovery.  He's using the Federal court as his collection agency.  That's pertinent information the judge needs to know.

I miswrote the following:

 Although Black China lost 3 o 4 points, 2 of the points Sadowski won were NOT screaming victories. 

Okay, I see the point.  Although Black China lost 3 o 4 points, 2 of the points Sadowski won were screaming victories.  Sadowski didn't have his shit together either.  I still thin the judge was wrong in not considering a Chinese publication of an English story not transformative.  Whatever!  This case I think will settle out and not go further.   

This judge's opinion on fair use raises a question in my mind.  Suppose the photo was a a smoking car tailpipe into a bank of snow, with smoke barely escaping he exhaust.  Wouldn't that be more descriptive to the text of the story?   

If judges have been awarding Sadowski default judgments for $50,000 and $30,000, those judges are seeing value there.

What does a default judgement have to do with the factors of this case?  in this case Black China responded to the summons and complaint issued by the plaintiff and is putting up an affirmative defense of "fair use" as they see it.  A default would the defendant did not respond to the complaint leaving themselves open to a judgement against them.  It's a totally different animal   

I think you guys are getting way ahead of yourselves when it comes to the costs of this.  You don't if Black China's lawyers are doing this case pro bono.  Maybe they want to take a firm stand against copyright trolls?  And although the judge ruled against Black China in summary judgement, there was a lot of language against Sadowski that I think the judge is signaling his case for the money he's asking falls way short.  If I was Black China's attorney I would go for broke and argue that Christopher Sadowski is using the Federal court as a collection agency.  He's filed over 70 cases in the last three years using multiple attorneys.  I would get the proof from the Post of what he gpt paid for that photo and it comes no where near his original demand of $2,500 and argue how the court system will allow this extortion to continue?  Does it look Sadowski would win?  Technically yes.  But, I see the award being a lot closer to $750 or between $200 and $750.  Multipliers would not come close to applying in this case because evidence Sadowski supplied is too flimsy.   

Now the defendant will likely have to pay a multiplier of Sadowksi’s licensing fees, plus Higbee’s attorneys fees and court costs, which is probably another $10,000. 

How do you figure that?  You can either sue for actual damages or statutory damages, not both.  Submitting a copy of an invoice is not proof of payment.  I can make up an invoice for a million dollars.  Does that prove I got paid that?  A receipt from from the NY post or check stamped by the bank from the NY Post is proof.  Gimmie a break.  The going rate for licensing an everyday photo by the NY Post is around the $250.  No fucking way did the Post pay $5,500 for a photo of a car surrounded by snow.  If I were the lawyer for Black China I would to the NY Post and get document proof how much Sadowski got paid for that license and submit to the court that Sadowski submitted fraudulent documentation to the court. 

I think this is the biggest reason why a lawsuit for single image has not gone all the way through a jury tirial and verdict or extremely rare.  Asking for thousands of dollars for a photo with a market value of $10 would be thrown out as a colossal waste of tome.  But, it's not about that.  It's about the copyright troll scary ignorant people to cough up the cash right away and that's where they make 99% of their money.   

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