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Messages - kingkendall

Pages: 1 2 [3] 4 5 ... 10
Getty Images Letter Forum / Re:
« on: August 17, 2018, 10:25:23 AM »
If the article or web page is not about the particular photo or the photographer, it is probably not fair use under the news reporting, commentary or education prongs of fair use.   Don’t confuse the subject matter of the photo with the actual photo.

I've seen this argument also about it's only fair use if one is writing about the photo itself and not the subject matter associated with a photo.  I've always had a problem with that.  Especially when it comes to bloggers using an image from an actual news story.  If a blogger uses an image of a news event Eg: Bad guy robs bank caught by cops.  Mom and Pop blogger uses the image of the bad guy who robbed the bank.  How is that not fair use?  He's the one who robbed the bank.  The image was found in a news report.  The copyright law allows for fair use in the context of news reporting and that's what Mom and Pop blogger did.  Mom and Pop blogger is not trying to screw the photographer who took the photo.  They're trying to do the right thing as far as they read the law.  Did they have to go to law school in order to read the law as lawyers instead of as laymen trying to comply with it? 

Getty Images Letter Forum / Re: Picrights & AFP Copyright Infringement
« on: August 14, 2018, 02:08:53 PM »
That's why this scam continues.  Because of fools like that who pay

Getty Images Letter Forum / Re: Picrights & AFP Copyright Infringement
« on: August 13, 2018, 10:59:15 AM »
You tried to settle in good faith and they upped the settlement price.  What does that tell you?  There's no reasoning with extortionists.  If I were you, I would put documents concerning this in a file and go on living your life.  The whole scheme is to scare you to death and srite a check.  Nothing is real until a summons and complaint filed in a court comes in the mail.  The chances of that is extremely small.  And even if it does, it's not the end of the world.  Just get out of the scare stiff stage and deal with your real life and don't give a moments thought to these clowns. 

Getty Images Letter Forum / Re: email from Leslie Burns
« on: July 26, 2018, 03:25:42 PM »
Listen to your lawyer and do not respond to the emails.  The worst thing you can do is declare yourself and get put on the radar for further harassment.  Keep a file of what they send you. 

Shucks!  I was hoping the protective order meant the defendant sent some boys over to the photog's house and give him an offer he couldn't refuse to drop the lawsuit. :)

Sadowski v. Jewish Voice Inc. et al

Can anybody explain this?

Docket last updated: 12 hours ago
Tuesday, July 10, 2018
14       14 9 pgs order Order on Motion for Protective Order Tue 3:45 PM  ORDER granting/endorsing13 Amended Confidentiality Stipulation and Protective Order. See Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/10/2018. Blase, Brendan)

Tuesday, July 03, 2018
13       13 motion Protective Order Tue 7:14 PM
Amended MOTION for Protective Order by Christopher Sadowski. (Ngo, Rayminh)

Thanks Robert

Looks like copyright troll Richard Liebbowitz is getting his comeuppance.  Love to hear from Matheww or Oscar on this.  Very educational for others.   

I don’t know the particular of this case.  Maybe some of our PACER savy posters can shed more light?  Federal is demanding $10,000 bond posted to continue case. 

Docket last updated: 12 hours ago

Thursday, July 12, 2018
17    17 3 pgs order Order Thu 1:23 PM
ORDER re:15 Letter filed by JSN Global Media, LLC: Accordingly, Plaintiff shall post a bond no later than July 31 in an amount not less than $10,000 in order to proceed with the action. (Signed by Judge Loretta A. Preska on 7/12/2018) (jwh)
Related: [-]

Monday, July 02, 2018
16       16 misc Letter Mon 3:49 PM
LETTER addressed to Judge Loretta A. Preska from Richard Liebowitz dated July 2, 2018 re: Response to Defendant's Request that the Court require the Plaintiff and/or his counsel to post a bond. Document filed by Christopher Sadowski.(Liebowitz, Richard)

This is a huge decision that covers 99% of demand letters sent to people caught up in the copyright troll scam.  And the section of the decision that speaks about "effects on the market" for the use of an image is noteworthy because lawyers like Higbee and others say usage of an image takes away income from a photographer. 

Getty Images Letter Forum / Re: Email from
« on: June 25, 2018, 10:27:04 AM »
My advice is you did too much contacting them in the first place.  If I were you I would put all documents into a folder and go on living your life.  Any letters or emails come in, put it into the folder and go on living your life.  The chances of you getting an actual summons and complaint filled in federal court is very low.  Don't be scared, get educated instead and study the forum,  There's plenty of good info here. 

Higbee Associates Letter & Lawsuits Forum / Re: Higbee followup
« on: June 18, 2018, 10:24:43 AM »
I've tracked over 50 cases involving Higbee.  Not one has gone to trial.  Not one!  So why are we talking about judgements?
 That's the key folks.  Don't let a copy troll intimidate with legal threats because when you punch a bully in the nose they run away. 

What I am saying though, is that if they decide to sue it's probably best to either fight or settle.

I totally agree with this statement.  The key word is "if".  Until an actual complaint is filed is when action needs to be taken.  Answer the complaint, counter sue if you can.  I've never suggested not doing these things if a suit comes.  But, to quickly settle just in case they sue.  Hell No!  For what? 

@ Joan X

It sure sounds to my like your leaning toward coughing up some cash to a copyright troll.  If it helps you sleep at night, that's fine and up to you.  But, if you go that route in light of the fact the chances of you actually getting sued is extremely small, the you become exactly what Higbee and other trolls are in business for, snatching up the "low hanging fruit."  Also consider this.  If you do settle without getting a summons and complaint filed against you in a federal court, you don't think other copyright trolls won't notice and send other demand letters your way?

First, this should remove any doubt that these cases, even involving a single image, can result in significant liability.  There is serious risk in ignoring copyright claims.   

If this doesn't sound like it was written by a lawyer for Higbbe and Assocs, I don't know what does.

Getting a default judgement is nothing Higbee can crow about.  It just means the defendant didn't respond to getting served court papers in the lawsuit.  Notice how Higbee didn't say it was a default judgment in he tweet.  He does mention $48,000 though and that is meant to scare the timid into paying up.  It's all part of his scare tactics. 

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