I received a letter on August 12 or 13th, certified, from Attorney Ben Manevitz. This is my reply.
August 24, 2014
Dear Mr. Manevitz,
You have ordered me to reply to you within 14 days of your letter dated August 11, 2014, and as I returned late last night from an upstate arbitration, I am posting my letter and yours so that we all know I replied in a timely manner to your demands, which in my opinion are reckless, unthethical, and legally unsound. I will explain.
You sent your demands for money to a private Foundation, The E-Accountability Foundation, a non-profit which assists people who have been wronged by corrupt politicians, judges and lawyers, or....anyone. We do not have a website. The Foundation, of which I am President, has no legal attachment at all to a blog called New York Court Corruption.
As you seem to be linking the Foundation to the blog's use of a photo that has no link whatsoever to the Foundation or to Parentadvocates.org (the Sadowski photo of Attorney Wally Bock is not on the website), you obviously are reckless in your search for money from anyone and decided it should be me..
Again, the E-Accountability Foundation has no connection or liability for anything posted on the blog New York Court Corruption.
Additionally, Parentadvocates.org. is not the website of the E-Accountability Foundation. These are two completely different entities.
Finally, your reckless actions can be seen on the fact that the picture by Christopher Sadowski of Attorney Wally Bock leaving court is, as I stated above, not on the website Parentadvocates.org. There is no connection between the website Parentadvocates.org and the blog New York Court Corruption .
I am theEditor of this blog and Parentadvocates.org and I am an investigative news reporter. As such, I post news stories under "Fair Use". Please see the disclaimer on Parentadvocates.org. As a news reporter, I can, and do, use my rights to publish newsworthy articles from news organizations, TV, magazines, etc., on the internet. As you know, Mr. Sadowski's picture of Wally Bock was published by NBC News on 9/1/2010 by Bill Dedman. I re-posted the article on my blog as a news article of interest, particularly because Wally Bock was the Attorney who did my mom's Will in 1989, and encouraged the Associate Pastor and the music Director of Madison Avenue Presbyterian Church, John Weaver, to get the Will written and stored at his office, filed, before I filed the last Will of my mom in March 1998. Four years later you are threatening me with a lawsuit, and, you will have to prove that my copying of NBC news led to a loss of income to Mr. Sadowski. I have never been paid a penny for any article on this blog or on my website. I hope you have the data you need to pursue this, if you decide to do so.
Of course I will sue you back as well as Mr. Sadowski for the damages incurred by the writing of the letter published below, your reckless behavior, and demand for money. I was never given any notice about my infringement and I am not an attorney.
I have removed the photo on my blog as a courtesy for now. Anyone may go to the link on my blog to see the original article published by NBC and photo of Wally Bock. Should I find out that your demands and your ordering me to give you $450.00 is indeed arbitrary and capricious, not only will I put the picture back up but I will take legal action against you and Mr. Sadowski.
Thank you for your attention and consideration.
Betsy Combier
Editor and news reporter for New York Court Corruption.
IntellectualPropertyCounseling,Prosecution,EnforcementandLitigation
August11, 2014
Thisletterisademandletterrequiringyourresponse,andfurtherrequiringyourimmediatecomplianceasfollows. Within 14daysofthedateofthisletter,wedemand:
• Resizingthepicturedoesnotmakeyouruse"fairuse."
Pleasebeintouchwiththeseofficesandconfirmyourcompliancewiththedemands herein.Ifwedonothearfromyoupromptly,myclientwillbeforcedtoconsiderallofhisoptionsforfurtherenforcementofhisrights.Wewouldstronglyprefertoresolvethismatterwithoutresorttothemorecostlyandtime-consumingmechanismofbringingsuitinfederal court.
Ben D. Manevitz
August 24, 2014
Dear Mr. Manevitz,
You have ordered me to reply to you within 14 days of your letter dated August 11, 2014, and as I returned late last night from an upstate arbitration, I am posting my letter and yours so that we all know I replied in a timely manner to your demands, which in my opinion are reckless, unthethical, and legally unsound. I will explain.
You sent your demands for money to a private Foundation, The E-Accountability Foundation, a non-profit which assists people who have been wronged by corrupt politicians, judges and lawyers, or....anyone. We do not have a website. The Foundation, of which I am President, has no legal attachment at all to a blog called New York Court Corruption.
As you seem to be linking the Foundation to the blog's use of a photo that has no link whatsoever to the Foundation or to Parentadvocates.org (the Sadowski photo of Attorney Wally Bock is not on the website), you obviously are reckless in your search for money from anyone and decided it should be me..
Again, the E-Accountability Foundation has no connection or liability for anything posted on the blog New York Court Corruption.
Additionally, Parentadvocates.org. is not the website of the E-Accountability Foundation. These are two completely different entities.
Finally, your reckless actions can be seen on the fact that the picture by Christopher Sadowski of Attorney Wally Bock leaving court is, as I stated above, not on the website Parentadvocates.org. There is no connection between the website Parentadvocates.org and the blog New York Court Corruption .
I am theEditor of this blog and Parentadvocates.org and I am an investigative news reporter. As such, I post news stories under "Fair Use". Please see the disclaimer on Parentadvocates.org. As a news reporter, I can, and do, use my rights to publish newsworthy articles from news organizations, TV, magazines, etc., on the internet. As you know, Mr. Sadowski's picture of Wally Bock was published by NBC News on 9/1/2010 by Bill Dedman. I re-posted the article on my blog as a news article of interest, particularly because Wally Bock was the Attorney who did my mom's Will in 1989, and encouraged the Associate Pastor and the music Director of Madison Avenue Presbyterian Church, John Weaver, to get the Will written and stored at his office, filed, before I filed the last Will of my mom in March 1998. Four years later you are threatening me with a lawsuit, and, you will have to prove that my copying of NBC news led to a loss of income to Mr. Sadowski. I have never been paid a penny for any article on this blog or on my website. I hope you have the data you need to pursue this, if you decide to do so.
Of course I will sue you back as well as Mr. Sadowski for the damages incurred by the writing of the letter published below, your reckless behavior, and demand for money. I was never given any notice about my infringement and I am not an attorney.
I have removed the photo on my blog as a courtesy for now. Anyone may go to the link on my blog to see the original article published by NBC and photo of Wally Bock. Should I find out that your demands and your ordering me to give you $450.00 is indeed arbitrary and capricious, not only will I put the picture back up but I will take legal action against you and Mr. Sadowski.
Thank you for your attention and consideration.
Betsy Combier
Editor and news reporter for New York Court Corruption.
Attorney Ben Manevitz |
MANEVlTZLAwFIRMLLC
805CliftonAvenue
Clifton,NJ07013-1815
tel:973-594-6529
fax:973-689-9529
August11, 2014
The E-AccountabilityFoundation/ParentAdvocates.org Attn:BetsyCombier
315East65thStreetSuite4C
NewYork,NY10021
by:USPSCert/returnreceipt
Re:Unauthorizeduseofphotographs; Referencenumber39140-1156
ToWhomitMayConcern:
Thisfirm representstheprofessionalphotographerMr.ChristopherSadowski.IthascometoourattentionthatyouareusinganimageorimagesownedbyMr.Sadowskionyourwebsite,withoutauthorizationandwithouthavinglicensedsame. Attachedforyourreference is a copy of the image in question as used on your website, found at the url(s):
I
griffin.html].
Asyoumaybeaware,youruseofMr.Sadowski'screativeworkwithoutavalidlicenseisaclear copyrightinfringementinviolationofUnitedStatesCodeTitle17(TheCopyrightAct).Statutorypenaltiesforcopyrightinfringement(whereavailable)rangefrom$200to$150,000perworkinfringed,andundernormalcircumstancesarerarelylessthan$750perwork infringed.Ofcourse,undercertainconditionsdamagesforcopyrightinfringementcanruntoamountssignificantlyhigher.Further,wherestatutorydamagesareawarded,thecourtsalsohavethepowertoorderthatyoupayMr.Sadowski'slegalfeesaswell.
(a) Youmustprovideprooftotheseofficesofavalidlicenseoftheimageorimagesinquestion,byemailingproofofsametoPhotoLicense@manevitzlaw.com.Pleasemakesuretoincludeyourcompanynameandthereferencenumberaboveinthesubjectline.
(b) If youcannotprovidesuchproofofavalidlicense,thenyoumaycontinuetousetheimagesbyimmediatelyremittingtheongoinglicensefeeof$1125.Thelicenseisfor exactlytheusethatyouarecurrentlymakingoftheimage,andisnottransferableorsubjecttosub-license.Wewillprovideyouwiththeappropriatesettlementandreleaseagreementatyourrequest.
(c) Inthealternative,ifyoucannotprovideproofofavalidlicense,andyoudonotwishtocontinuetousetheimages,youmust immediatelyceaseanddesistuseoftheimages.Inaddition,you mustremitthetermination-licensefeeof$450.Merelyceasinguseoftheimagesdoesnoteliminateliabilityforpaymentoffeesdue.Wewill provideyouwiththeappropriatesettlementand releaseagreementatyourrequest.
Mr.Sadowski'slivelihoodisbasedonhisofferoftheseimagesforlicense,andyourinfringementiscausinghimdirectandimmediateharm.ThelicensefeesquotedhereinarecalculatedbasedonMr.Sadowski'snormalchargesforalicenseforyourtypeofuseandthenumberofimagesyouhaveimproperlyused.
Inanticipationofsomeofthecommonobjectionsand responsesthisfirmhasencountered,itmaybeworthwhiletomakeclearcertainpointsoflaw:
• Undertherelevantstatute,copyrightinfringementisastrictliabilityoffense,whichistosaythatitisnotadefensetosaythatyouinfringedtheimages"byaccident,"orbyautomatedsystem,orwithoutknowledge.
• Resizingthepicturedoesnotmakeyouruse"fairuse."
• Neithercorrectattributiontothephotographernorlinkingbacktotheoriginalsourcelessenstheseverityofthecopyrightinfringement.Infact,itmayservetodemonstrateyourknowledgethat theimagewasnotrightfullyyourstouse.
• Thefactthattheimageisonlylinkedfromyoursiteandisnotstoredonyourserverisnotadefense.
• Animageisnotinthepublicdomainmerelybecauseitisontheinternet.
Ifyoufeelthatyouhavereceivedthisletterinerror,pleasecontactmebyemailatPhotoLicense@manevitzlaw.com.Pleasemakesuretoincludeyourcompanynameandthereferencenumberaboveinthesubjectline.Nothinginthisshallbedeemeda waiverofanyofMr.Sadowski'srightsorremediesinconnectionwiththismatter,whetheratlaworinequity,allofwhichrightsandremediesareherebyexpresslyreserved.
Sincerely
Sincerely