Attorney Extortion Letters - ref: John M. DeBoer | Managing Attorney | DEBOER IP

[rookie]

I have also received a letter from John M. DeBoer | Managing Attorney | DEBOER IP, PC

They want a check (Payable to: John M. DeBoer, Esq. – Client Trust Account).

They state the following:
Regardless of any intent or purpose, a finding of infringement is grounds for strict liability in the form of actual damages, including profits from wrongful uses of the images, or statutory damages of up to $30,000 per image, plus possible attorneys’ fees and costs of any related proceeding.

This is a single photo issue and the photo is available on dozens of sites (with a simple google - image search)

With your Defense Letter Program, do you handle this type of case?

Appreciate your site!

[Robert Krausankas (BuddhaPi)]

Do some searching here, his name has been mentioned, just another trolling attorney working for an image troll.. What is the name of the image company? I'm assuming it is not getty images.. Be sure you removed the image in question and any other images you do not have a license for..Just because images are available on many sites doesn't mean they are free for the taking..

[rookie]

Thank you Robert

Yes, we removed image (and from server).
Since John DeBoer is " just another trolling attorney working for an image troll" do I need the Letter Program?

It is not Getty Images, the photographer is Dennis Flaherty

Here is start of letter:
This law office represents Dennis Flaherty Photography, the owner and operator of DennisFlaherty.com, and photographer Dennis Flaherty (collectively hereinafter “Client”) with respect to various legal matters. My Client is the owner of exclusive intellectual property rights for numerous photographs and digital imagery, some of which are covered by U.S. Certificate of Registration #VA 1-775-800, all of which are subject to U.S. and international copyright protection. My Client has an obligation and responsibility to enforce these rights, and any act of infringement on those rights is a serious matter that must be resolved.

[Robert Krausankas (BuddhaPi)]

Whether you "need" the letter program  is completely your decision, some opt for the letter, some opt to ignore it completely, some opt to try to deal with these asshats..it all depends on whether you have the stomach to deal with being harassed for the next 3 years, and also if you think it's worth the gamble to see if they file a lawsuit..chances are god that won't happen over a single image.. If I were you I would research the image in question, is it indeed registered with the copyright office? is it registered as a standalone image, or a part of a compilation? if the latter it may not be registered properly. If it's not registered, this greatly reduces the amount they can sue you for...again all of this info is available here in the forums...keep reading get educated before making your next move...give them nothing, it is on them to prove you infringed.

The letter program is designed to put as lawyer between you and them, they would no longer be able to contact you directly, and chances are good they would probably back off, as filing suit over 1 or 2 images would not make them any money, but would probably cost them.

[rookie]

Thank you Robert, your reply helps a lot and confirms what I have read here and the video's I have watched.

The letter says the image is part of a compilation.

I like the option of not being contacted by these people any further 

[Greg Troy (KeepFighting)]

rookie, also check on the "Way Back Machine" to make sure that the pages with the image in question are not archived there and request removal if they are.

[rookie]

Thank you Greg

[Jerry Witt (mcfilms)]

I would add that the odds of a smaller image company actually taking legal action are probably higher than Getty Images doing the same. That is because GI has come to realize that most trolling cases that go to court end up, at best, being a financial loss for them and at worst set some precedent that actually makes it harder for them to keep on trollin'. It's easier for them to just chase after the fish that will just jump into their net.

The smaller firms are less likely to understand this and more likely to encourage going to court. We've seen this with HAN and a few other smaller stock companies.

If I were in your position I'd use Oscar's Letter Program to reply.

[rookie]

Thank you Jerry

[Oscar Michelen]

Rookie we have dealt with John Deboer you can email me at [email protected] if you want more information