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2022.01.25 14:28

New York Daily News Photographer Threatens to Sue NYCultureBeat for $150,000

sukie
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New York Daily News Photographer Threatens to Sue NYCultureBeat for $150,000 

Richard Harbus "Use of Ed Koch's tombstone photo in 2013 is a Copyright Infringement"

NYCultureBeat "It's Fair Use of news reporting/obituary"  

 

1-ed-koch-tombstone-images.jpg

Google image search of Ed Koch tombstone

 

New York photographer Richard Harbus is demanding $4,500 for a copyright infringement settlement against Sukie Park, founder/editor of the Brooklyn-based Korean-language website New York Culture Beat/ NYCultureBeat (https://www.nyculturebeat.com )

Mr. Richard Harbus's lawyer Mathew K. Higbee from Higbee & Associates, Santa Ana said in an email on December 31 last year, that a tombstone photo in an article/Obituary about the former New York Mayor Ed Koch(1924. 12. 12-2013.2.1) posted on February 1, 2013 on the New York Culture Beat's website, is a violation of Mr. Richard Harbus' copyright. New York Culture Beat translated the news article about Mr. Koch's death from The New York Daily News in Korean language with the source link.
 
Sukie Park, who worked as a reporter for The Korea Daily of New York (2014-2011), thought writing mayor Koch's obituary was "fair use" in the news reporting. But after receiving an email from Higbee & Associates, Sukie Park removed the photo in the article.
 
 
17 U.S. Code § 107 - Limitations on exclusive rights: Fair Use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1)the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2)the nature of the copyrighted work;
(3)the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4)the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
<Copyright Act of 1976, 17 U.S.C> 
 
Higbee's attorney, Mathew K. Higbee in a legal document which Sukie Park received on January 3, threatened that Sukie Park should pay $4,500 for the copyright infringement settlement, if not she will confront up to $150,000 lawsuit.

NYCultureBeat is a Korean language website started by Sukie Park in March 2021 after leaving The Korea Daily. It's a website not only for the Korean-Americans in the U.S. but also for the Koreans around the world who are interested in culture, food, tourism, people, shopping which New York provided. 
 
Since launching the website, Sukie Park with a help of web designer/web manager in Korea, has covered events, wrote and edited the stories. Also there are contributors for New York Stories which ran to 602 columns as well as travel stories by Korean photographers. They contribute essays and photos for free. NYCultureBeat is about sharing the New York experiences for Koreans in the world.  
 
Sukie Park is an avid art lover. After graduating from a university in Korea in 1986 with a major in journalism, her first job was with a photography magazine (Photography/YoungSang in Korean). She said that photography has always been one of her love, and she has her respect for photographers above all else. Updated daily, NYCultureBeat mostly uses photos taken directly by Sukie Park whenever possible. There's an exception for the publicity photos from cultural institutions and artists, etc. Last year, she published a series of female photographers at the Metropolitan Museum of Art's show titled "The New Woman Behind the Camera".
 
 
3-twitter-facebook.jpg

Twitter/Facebook 


If Sukie Park had simply shared the article on twitter or facebook, the photo of Ed Koch's tombstone taken by Richard Harbus, will be automatically shown. But she wouldn't be violating copyright. In stead, Sukie Park wrote an article based on The New York Daily News as a source and translated to introduce Ed Koch's life to Korean readers. Twitter and Facebook are just one click away, but NYCultureBeat's Ed Koch post was the result of a labor.

She has also frequently seen other bloggers' copyright violation cases of NYCultureBeat over the past decade. Some stole just photos, some the whole texts, and a blogger stole more than half of NYCultureBeat's contents for his website. However, Sukie Park contacted them and requested to remove the photos or paragraphs or the posts. 
 
NYCultureBeat is not a profitable website. Still Sukie Park works hard to report news about art, music, film, theater, dance, food, fun things to do, shopping, people and travel on a daily basis. Since the coronavirus pandemic NYCultureBeat has lost advertisers and made only $2,000 through NYCultureBeat in 2021. 
 

4-alamy.jpg
A photo for sale at Alamy
https://www.alamy.com/stock-photo-the-tombstone-of-former-new-york-mayor-edward-i-koch-in-the-trinity-31364943.html
 
Mr. Richard Harbus and his attorney Mathew K. Higbee are threatening to file a lawsuit in which NYCultureBeat will pay up to $15,000 if Sukie Park doesn't pay $4,500. 
 
Meanwhile, The photo price of the tombstone of former New York Mayor Edward I. Koch for the website at Alamy is currently $49.99. 
 

 

5-sukiepark.jpg

*About Sukie Park and NYCultureBeat

http://www.nyculturebeat.com/?document_srl=170688

 

 

*About Richard Harbus/ NY Daily News photographer

 

rharbus-linkedin.jpg

https://www.linkedin.com/in/richard-harbus-584b8531

"Please be advised that Mr. Harbus is not, and has never been, a New York Daily News staff photographer. He is a freelance photographer, and the Daily News has simply licensed many of his photos over the years. We haven’t worked with Mr. Harbus for a long time..."

 -Kevin Macdonald/ Director of Photography & Digital Audience Development,  New York Daily News-

 

 

*Richard Harbus has filed more than 10 copyright infringement lawsuits. Here are some cases found on Internet.

 

#Harbus v. Joong-Ang Daily News California, Inc. 4/24/2019
https://www.law360.com/cases/5cc03e6678da890a96d2a2a5


#Richard Harbus v. Joongangilbo USA Inc. 5/31/2020
https://www.law.com/radar/card/harbus-v-joongangilbo-usa-inc-34437349-1/

#RICHARD HARBUS v. INSTITUTE FOR POLICY RESEARCH, INC. 1/17/2020
Former New York Governor Andrew Cuomo
https://shapiroarato.com/wp-content/uploads/2020/11/Dkt.-27-Reply-MoL-ISO-Defendants-Motion-to-Dismiss-01.17.20.pdf

#Harbus v. Valnet, Inc., 6/10/2021
https://dockets.justia.com/docket/new-york/nysdce/1:2021cv05149/561749

#Richard Harbus v. Hollywood Unlocked, Inc., 9/15/2021
https://dockets.justia.com/docket/california/cacdce/2:2021cv07373/831454

#Richard Harbus v. Mighty Proud Media, Inc.
https://unicourt.com/case/pc-db5-harbus-v-mighty-proud-media-inc-1082625

#Harbus v. La Favorita Radio Network, Inc. 8/19/2021
photo of cat stuck in tree
https://www.govinfo.gov/app/details/USCOURTS-caed-1_21-cv-01267

#Richard Harbus v. New York Engineers P.C. 8/24/2021
https://www.law360.com/cases/61253a5ef2e321027f5ef6ef

#Richard Harbus v. Exclusive Testing Labs, Inc. 1/15/2019
https://www.morelaw.com/verdicts/case.asp?n=7:18-cv-08230-VB&s=NY&d=124320

#Richard Harbus v. CUMULUS MEDIA, 5/12/2016
New York Knicks (NBA) coach Derek Fisher picture
https://dockets.justia.com/docket/new-york/nysdce/1:2016cv03555/457424
 

---------------------------

*samples of news articles with photos by Richard Harbus

 

Hilaria Baldwin reveals in snarky Instagram post that her missing cat Emilio has been FOUND after Alec was spotted searching for it in Vermont woods

https://www.dailymail.co.uk/news/article-10157197/amp/Hilaria-Alec-Baldwin-seen-frantically-searching-exotic-looking-Bengal-cat.html

 

NJ gym owners who reopened in violation of governor's orders receive summons

https://nypost.com/2020/05/18/nj-gym-owners-who-reopened-in-violation-of-governors-orders-receive-summons/

 

 

*About HIgbee & Accociates

 

Consumer Warning: Copyright Trolling by Higbee and Associates -Public Citizen-

https://pubcit.typepad.com/clpblog/2019/02/consumer-warning-copyright-trolling-by-higbee-and-associates.html

 

Higbee And Associates: The Latest Legal Trolling Scam

https://gritdaily.com/higbee-and-associates-the-latest-legal-trolling-scam

 

Investigating the Higbee & Associates Copyright Trolling Operation

https://www.techdirt.com/articles/20190220/13283641640/investigating-higbee-associates-copyright-trolling-operation.shtml

 

A Shot Across the Bow for Copyright Trolls: Forcing Higbee Clients to Pay for Frivolous Demand Letters and Intimidation Tactics

https://pubcit.typepad.com/clpblog/2020/06/a-shot-across-the-bow-for-copyright-trolls-forcing-higbee-clients-to-pay-for-frivolous-demand-letter.html

 

Higbee & Associates Reviews 

"Disgusting shakedown predatory law firm going after unsuspecting small businesses for copyright infringement. Many times for photos that were labeled "free to use". What a horrible thing to do, especially with so many businesses struggling during COVID. This "law" firm should have its license revoked. If you get a threat from them, report them to the CA Bar association."

-Review by J L.-

 

"Trying to extort 6,000 dollars from people for copyright infringement. The worst law firm in America hands down. Scammers and Vultures that need their license revoked. Share and Beware."

-Review by Nancy M.-

 

"Scumbags - Should be Disbarred - Easy to Distinguish REAL Comments as they Describe his ILLICIT ACTIVITIES... yet, their aggressive Marketing Campaign is Still FINDING THEM MORE VICTIMS.

-Review by Scumbag Hunter-

 

The first demand letter is typically in the $7,000 range and over time they will drop the demand to as little as $400 if it appears the victim simply isn't going to pay. If your are a victim of their extortion, you should make a report to the bar association of your State as well as the Bar Association of California, which is where Higbee is located. DO NOT PAY ANYTHING AS THEY WON'T DO ANYTHING. They simply go look for easier victims.

 

-Review by Road F. - 

 

"With a Long History of Scamming and Endless Laundry list of Legal Precedents... Mathew K. Higbee has found his NEW Niche!

- Register Fraudulent Law Offices across America.

- Send Extortion letters to Anyone who believed they were using Copyright Free Images from Copyright Free websites. Maybe or Maybe not Copyrighted, but BOTTOM LINE, the IMAGES are NOT represented by Mathew k. Higbee.

- If you Agree to Settle, He is SUCCESSFUL... his SCAM WORKS!...

-Review by Legal E.-

https://www.mamma.com/us/higbeeassociates-com

 

 

 

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