Beware of Photographer Nicholas (Nick) Youngson of NYPhotographic.com

[kvanvreckem]

I'll agree that, at first blush, this appears to be some blatant scumfuckery; the website jphotostyle.com only has images by Nick Youngson. What sets my alarm bells ringing is that the WHOIS for jphotostyle.com is cloaked by a privacy service and was purchased via GoDaddy in Montenegro.

As working photographer, I'm absolutely f'n appalled by what appears to indeed be a blatant attempt at entrapment; I'm going to focus on just one particular image which implies this. Take a look at the picture at the following URL

http://stock-photos.nyphotographic.com/food-drink/instant-coffee02/

A javascript query of the server file above cites that the image file was last modified on March 11 of 2015.

The very first published use of this photograph that I can find is at http://3stylelife.com/hello-world, and a query of the server returns that the relevant image was last modified on 12 December of 2014, though the article that uses it cites a date of publication of September 9 of 2013.

Youngson's earliest copyright registered certificate is a group registration titled still-images-13-08-24 under certificate VAu-1-149-100, with an effective date of registration being August 26, 2013; this appears to be the only of Youngson's certificates that predates the published use of the coffee bean picture as on 3lifestyle.com

Now I wanted to see if there were any published uses of this specific photograph that predated either the published use on 3stylelife.com and/or the registration certificate... and I got one hit: a Russian language website called finska.ru, on a page with URL http://finska.ru/category_20.html; Google had indexed the page back on 12 October of 2010 and reported the image on that site.

Now, this isn't a smoking gun as the indexing pointed to the following file

http://finska.ru/data/images/stati/luchshiy-rastvorimyy-kofe/1.png

The reported date/time this image was last modified was on 9 September of 2015.

Regardless, one of the other things that has my alarm bells ringing is that all images on the website 3lifestyle.com are only from NYPhotographic; I can't wrap my head around as to why this would be, but one might suppose that Mr. Youngson created the website 3lifestyle.com so that his own business - nyphotographic.com - would show backlinks and start to rise up search engine rankings.

Now my alarm bells ring extra-loud for two more reasons: there's a robots.txt file on 3stylelife.com that doesn't allow archival indexing, and the WHOIS data for the site is obfuscated via DomainsByProxy.

Lastly, Mr. Youngson appears to have a very narrow oeuvre of images that also appear to be of very low quality (from a sharpness, lighting & compositional sense). It just strikes me as odd that someone would go to the trouble of registering a body of work with the Copyright Office and then offering it up for both Creative Commons uses and also paid licensing.

It's odder still when you look at the following archived snapshot of jphotostyle.com

http://web.archive.org/web/20140104041339/http://jphotostyle.com

I believe in strong copyrights, and I absolutely believe in the right of creators to seek fair compensation for unlicensed uses of their work - and that sometimes litigation is the only route to that end... but I equally believe that the laws, as written, should not be abused, and anyone who appears to be doing so absolutely should be called out for it.

Good constructive feedback there, highly appreciated.
Where can we check to see if the image is indeed fully copyrighted?
I mean, not just anybody can upload a photograph and claim copyright?
Isn't there a process like with a Trademark?

[kvanvreckem]

I have just received one of these letters from the usage of a image by this photographer. 

I am wondering what plan of action should I take?

I obtained the image through the creativecommons.org search which led me to a site (different from the ones listed in this thread) which directly links to the photographers site.  (it appears to be possibly owned by the photographer as the banners on it and all images / links point to his site)

On the first website, (where the image was obtained from) displayed below the image is : " This image _________  may be used for free even for commercial purposes.

The image _________ below is licensed by it's creator under a Creative Commons Attribution-ShareAlike license which permits the free use of the image for any purpose including commercial use and also permits the image to be modified. "

Based upon this understanding I used the image.

Had I've known that purchasing a license was required I would have either (a) looked elsewhere or (b) paid for a license like I have done in the past.

Any help is appreciated.

Thanks

Same here, picserver.org tries to lure people in and then you get scammed or get a letter like this.
How can we find out who is operating picserver.org?

[kvanvreckem]

@albert

read this thread: http://www.extortionletterinfo.com/forum/hawaiian-letters-lawsuits-forum/aloha-plastic-surgery-submits-counter-claim/

and here: http://copyright-trolls.com/2.0/in-the-event-that-adlife-marketing-files-suits-against-you/

It literally turns my stomach people would do this to extort hard working business owners and try to scam them.
I think we should all get together and file a case against these actions from N Youngson.
i mean, one week before Christmas and they are still trying to financially ruin small business owners.

[pctechguy1]

I just received a letter from Higbee & Associates representing Nick Youngson. They are demanding I pay $5000.00 in 10 days or they will sue. This is for one image on a test website for 60 days. I got the image from picserver and it said the image was free to use even commercially. So the image is free to use as is but there is a link to the full size image in which you can buy it for $9.95. How can an image go from free to $5000.00?

[clist]

Interesting how this is unfolding...

Part of me can't help but wonder if the firm(s) representing this individual are even aware that their client is clearly seeding the web.

[clist]

Additionally, if you are reading this (and have received a letter) and are feeling overwhelmed :

• Understand that you are not alone in this
• Step back to gain perspective
• Then take some time to read through the forums and use the search

The information contained in some of the threads on this site is golden.

You'll soon find that there are quite a few threads from people just like you that offer helpful suggestions and strategies.

 

[kingkendall]

kvanvreckem

I can only speak for myself and the research I've done.  I don't like to get rolled and I don't respond will to intimidation.  This is their whole tactic to get your scared.  Like others have said don't panic, get educated the best you can.  As far as contacting the lawyer I'm of the opinion if you contact them then your telling them your spooked.  That's not a position of strength in my opinion.  I'm not going to talk to them and say something wrong they can use against me.  Others may disagree and I welcome their views.  As far as getting a lawyer to contact them, here's the problem with that.  That lawyer is gonna charge you money to deal with it.  It comes down to your stomach.  But, the more you educate yourself the more strength you gain.  Overall, it sucks.  But don't let it overtake your life.     

[Matthew Chan]

No, you are assuming they will sue. They may or may not sue. I have not seen any lawsuits filed by Nick Youngson or Higbee.  $5,000 is an arbitrary number on all of the recent Higbee letters I have seen.

But they will continue to pursue the matter by antagonizing you for the next 2-3 years.  You need to get educated on how extortion letters "work" so you are better prepared to deal with it. Otherwise, you will become a victim of ignorance. It gets expensive staying ignorant.

I just received a letter from Higbee & Associates representing Nick Youngson. They are demanding I pay $5000.00 in 10 days or they will sue. This is for one image on a test website for 60 days. I got the image from picserver and it said the image was free to use even commercially. So the image is free to use as is but there is a link to the full size image in which you can buy it for $9.95. How can an image go from free to $5000.00?

[Matthew Chan]

Nope, I have not seen any lawsuits by Nick Youngson yet. You are not alone, fortunately. I've consulted with a number of victims. As of right now, just a bunch of $5,000 letters over $10 images because of the Creative Commons mess.

Has anyone actually seen any suits filed by Mr. Youngson? I could not find any cases filed by Nick Youngson, NY Photographic and RM Media on any federal court.

I'm in the middle of a battle with Higbee and Youngson right now. Of course they state in writing they that have litigated numerous cases for Mr. Youngson.  Yeah right...

[Matthew Chan]

I'd like to see a copy of the Liebowtiz letter if you'd like to email it to me at matt30060 / gmail. This appears to be a new development.  All the other letters I have seen is from Higbee.

I received the same warning letter yesterday Dec 17, but it was coming from Liebowitz Law Firm in New York.

[chinagirl]

The small business that I work for has also received one of these letters, from Higbee and Associates. I posted the image after getting it from PicServer, failing to notice the "must attribute" part. Our lawyers have contacted Higbee and Associates and the minimum settlement they are willing to accept is $750. My boss is wanting to settle just to be done with it, as her lawyers are charging $350 an hour to deal with this. We offered to buy the image, (after immediately removing it).

[clist]

@chinagirl

Just out of curiosity how much was the amount on the initial demand letter?

[chinagirl]

$5,000 payment, same as the other letters.

[pctechguy1]

Count me in.
I too am being harassed by Higbee. I received a notice from them in the mail on Saturday, 12/17/2016. The very next day they sent a email requesting payment of $5000.00. I just received another email today (Wednesday) trying to collect again. I have a copy of the creative commons license from pixserver.org. I sent a letter to the Defense Letter Program at '[email protected]' but I have not heard back from them yet.

[Matthew Chan]

CList gets it.  Very good advice which we tell others.

Additionally, if you are reading this (and have received a letter) and are feeling overwhelmed :

• Understand that you are not alone in this
• Step back to gain perspective
• Then take some time to read through the forums and use the search

The information contained in some of the threads on this site is golden.

You'll soon find that there are quite a few threads from people just like you that offer helpful suggestions and strategies.