Have you received a demand letter from a law firm that represents Prepared Food Photos, Inc. f/k/a Adlife Marketing & Communications Co., Inc. or received a Summons and Complaint concerning a lawsuit that has been filed against you by Prepared Food Photos? If so, then you are not alone. We have been forwarded numerous emails and other written correspondence from law firms representing Prepared Food Photos and we have represented defendants in copyright infringement litigation initiated by Prepared Food Photos.
If you have received such a letter or found yourself/your company named the defendant in a legal proceeding, then feel free to contact us about your particular issue. We keep all communications confidential, pride ourselves on quick and active responses, and do not charge for initial consultations.
Prepared Food Photos often retains plaintiff copyright law firms such as CopyCat Legal. The vast majority of copyright infringement cases filed by Prepared Food Photos are initiated in the State of Florida. Quite often, Prepared Food Photos, through its lawyers, will demand an exorbitant amount of money based on what was, at most, a technical, innocent copyright infringement. More likely than not, the image was taken from a platform such as Google Images without the knowledge that such activity may be considered to be copyright infringement.
The lawsuits filed by Prepared Food Photos all have the same look and feel. They typically begin by stating that Prepared Food Photos is in the business of licensing high-end, professional photographs for the food industry and that, through its commercial website found at www.preparedfoodphotos.com, Prepared Food Photos offers a monthly subscription service that provides access to and the ability to license tens of thousands of professional images.
The lawsuits and demand letters should provide a copy of the copyrighted content as well as the allegedly infringing activity. You always want to make sure that the copyright registration is valid and double-check as to whether there is a proper claim for statutory damages as opposed to actual damages. Statutory damages could entitle Prepared Food Photos to enhanced relief above and beyond actual damages, which would ordinarily be calculated based on the normal licensing fee for such use.
Also, be cautious to not just take what Prepared Food Photos tells you about its licensing fees at face value. We have found that the company will inflate its alleged fees to scare defendants into submission. Always seek proof of licensing costs before coming out of pocket, and always consider potential defenses to the claims as well, such as fair use, de minimis use, a statute of limitations defense, and/or the three-month rule.
Importantly, do not feel as though you need to attack these Complaints and demand letters on your own, and definitely avoid the urge to ignore a filed lawsuit. The worst-case scenario is one in which you turn your head, allowing Prepared Food Photos to swoop in and receive a judgment, which it will seek to enforce by garnishing your bank account(s) or otherwise. Copyright infringement cases can be quite complicated, and we are happy to help you navigate them to optimize your defense strategy.