If you’ve been in the restaurant, food service, or digital marketing industry for any length of time, you’ve likely heard of Prepared Food Photos – the notorious copyright enforcement entity that has sent thousands of demand letters and filed numerous lawsuits against businesses for alleged unauthorized use of food photography. Many business owners and their attorneys noticed a significant decrease in Prepared Food Photos activity over the past year and assumed the entity had scaled back operations or disappeared entirely.
We have important news: They didn’t go away – they simply rebranded.
The Rebrand: From Prepared Food Photos to Rockefeller Photos
Our firm has recently identified that Prepared Food Photos has rebranded itself as “Rockefeller Photos” and has resumed aggressive copyright enforcement activities. This rebrand appears to be a strategic move that has allowed them to fly under the radar while continuing their business model of pursuing alleged copyright infringers.
Key points about this development:
- Same business model: Rockefeller Photos operates using the same tactics as its predecessor, sending demand letters claiming copyright infringement for the use of food photographs.
- Increased activity: Early indications suggest Rockefeller Photos may be even more active than Prepared Food Photos was at its peak.
- Legal representation: Rockefeller Photos is commonly represented by Copycat Legal in its enforcement actions.
- Familiar targets: The entity continues to target restaurants, food bloggers, social media marketers, and other businesses in the food industry.
Why This Matters for Your Business
The rebrand has created a false sense of security among many businesses that previously dealt with or heard about Prepared Food Photos. Some may have let their guard down regarding stock photo compliance, assuming the threat had diminished. This assumption could prove costly.
Rockefeller Photos appears to be targeting businesses that may have:
- Used food photography without proper licensing;
- Downloaded images from Google searches or other online sources;
- Shared or reposted images on social media without permission; and/or
- Used stock photos beyond the terms of their licensing agreements.
Red Flags: Signs You May Be Targeted
Watch for these warning signs that could indicate Rockefeller Photos is investigating your business:
- Demand letters claiming your business used copyrighted food photography without permission.
- Legal complaints filed in federal court alleging copyright infringement.
- Settlement demands seeking substantial monetary payments for alleged unauthorized use.
- Communications from Copycat Legal or other attorneys representing Rockefeller Photos.
How Heitner Legal Can Help
Our firm has extensive experience defending clients against copyright enforcement actions, including those previously brought by Prepared Food Photos. We understand the tactics, legal strategies, and settlement approaches used by these entities.
Our Services Include:
Demand Letter Response
- Thorough analysis of infringement claims;
- Investigation of copyright ownership and validity;
- Strategic response to minimize exposure; and
- Negotiation of reasonable settlement terms when appropriate.
Litigation Defense
- Comprehensive case evaluation and defense strategy development;
- Challenge of weak or invalid copyright claims;
- Aggressive defense against excessive damage demands (such as looking into fair use or de minimis use); and
- Trial representation when necessary.
Preventive Counseling
- Implementation of copyright compliance protocols;
- Stock photo licensing guidance;
- Social media usage policies; and
- Employee training on copyright issues.
Take Action Now
If you receive a demand letter or legal complaint from Rockefeller Photos (or any copyright enforcement entity), do not ignore it. These matters require prompt attention and strategic handling to protect your business interests.
Immediate steps to take:
- Do not respond directly to the copyright holder or their attorneys.
- Preserve all relevant documents and evidence.
- Contact experienced counsel immediately.
- Avoid making any admissions of wrongdoing.
Protect Your Business Going Forward
The rebranding of Prepared Food Photos to Rockefeller Photos serves as a reminder that copyright enforcement in the digital age is an ongoing concern. Businesses must remain vigilant about their use of photography and other creative content.