THE MOST CENSORED WORK ONLINE!
Frivolous Lawsuit Being Filed Against JohnsonAndToxin
PicRights and Associated Press attacking over Fair Use of an image.
Date Created: 2023, March 30
Keywords: frivolous, lawsuit, litigation, fair use, image, graphic, legal
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JUMP TO: UPDATE May 16, 2023:
I received an email requesting I remove an image from a collage on one of the pages of the JohnsonAndToxin site and send a company called PicRights $350. Although the image use met Fair Use criteria, details below, I immediately removed the image and responded to the request. I explained that since the image use met Fair Use criteria, he could send $750 for my time updating the graphic and the web site.
PicRights is a company based in Switzerland. I received contact from an agent in Canada. They will use a law firm in the United States. This just sounded so hokey...
I really didn't expect a response. Well, wrong...
In the response, I was informed that PicRights would reduce the $350 to $280 and here was how to pay, or PicRights will file a lawsuit against me for copyright infringement.
I responded that no, I'm not paying for Fair Use of an image that was no longer on the site. I raised the time wasted of my life fee to $800.
Again, I really didn't expect a response.
Well, there was a response: all offers are off the table and a lawsuit for copyright infringement is being filed, with the promise of huge settlement expected.
I responded that since now I have to do all this work and research to defend myself, the fee for my time and effort with this matter was raised to $2,500.
Here are the details...
SOURCE: U.S. Copyright Office Fair Use Index
1. JohnsonAndToxin is a PERSONAL / NON-commercial web site. No one pays me to do this work. I get a few gifts of support for the effort here and there, but personal expense is far higher than the gifts received. JohnsonAndToxin is not registered as a business, has no advertisers or advertising, and no major donors or sponsors.
Non-commercial qualifies as Fair Use in most circumstances.
2. The image was part of a collage. It was not an important part of the overall collage. Any huge pile of offgassing plastic would work. It was not a focal point. It was not a significant portion at less than 1/5 of the overall collage.
Collage qualifies as Fair Use in most circumstances.
3. There was no impact on the market value of the original work.
No impact on market value of image qualifies as Fair Use in most circumstances.
4. There was no monetary gain from the use of the image. It was not used in work for sale, either alone, in a collection or even in the collage in which it was used.
No financial gain from use qualifies as Fair Use in most circumstances.
The use of the image qualified as Fair Use in pretty much every possible way. I'm pretty certain the average person with a few active brain cells would agree that the use of the image qualifies as Fair Use under US Copyright Law.
Making the lawsuit being filed against me for Fair Use of an image a frivolous lawsuit.
Cornell Law School defines frivolous as "when the claim lacks any arguable basis either in law or in fact."
Which qualifies PicRights / AP demand for money as EXTORTION.
Merriam-Webster defines extortion as the act of extorting, especially money or other property. With extorting being "to obtain from a person by force, intimidation, or undue or illegal power."
Will keep ya'll posted on this fiasco...
UPDATE May 16, 2023:
I have finally been contacted by Higbee & Associates.
They want me to give them $1,400 for an image that met UNITED STATES COPYRIGHT FAIR USE criteria or they will file a lawsuit that can cost me upwards of $150,000 in fines PLUS their costs, my costs, everyone's salary, while destitute. I can't stop laughing.
Okay, stopped laughting long enough to write response:
[Oh, they want what they send me to not be reproduced for 'privacy', but you can share anything I write because I'm not hiding anything ;o)]
Darling Mathew K. Higbee,
Thank you very much for contacting me regarding the potential massive promotion of one of the most banned/censored sites online today: JohnsonAndToxin.
The image in quiestion was used on the JohnsonAndToxin web site in a manner that met UNITED STATES COPYRIGHT FAIR USE criteria, in multiple, if not every, way.
Information posted here: http://www.johnsonandtoxin.com/frivolous_lawsuit.shtml
If you would like to consider compensating me for my time and effort with regard to this matter, feel free to send apology and financial compensation of $5,000 via gift box on the JohnsonAndToxin web site.
If I don't hear from you by Monday, May 22, 2023, I will begin searching for representation regarding the image used on the JohnsonAndToxin web site that met UNITED STATES COPYRIGHT FAIR USE criteria.
Due to my financial status, *DESTITUTE*, I will begin my search for pro-bono representation by contacting law firms actively seeking clients who have been wrongfully accused of copyright infringement by PicRights / Higbee & Associates. Twitter may prove to be an invaluable source since a few seem very familiar with PicRights and Higbee & Associates.
If that fails, I will need to send every law firm in the state of Florida an information packet with the details of this matter in an effort to secure pro-bono representation for the use of an image in a manner that met UNITED STATES COPYRIGHT FAIR USE criteria on the JohnsonAndToxin web site.
If that fails, I will need to consult with legal aid in an attempt to secure representation regarding the use of the image on the JohnsonAndToxin web site that met UNITED STATES COPYRIGHT FAIR USE criteria.
Finally, if that fails, I will need to petition the court where the lawsuit is filed for a public defender for my defense of the use of the image on the JohnsonAndToxin web site in a manner that met UNITED STATES COPYRIGHT FAIR USE criteria.
The free publicity of the JohnsonAndToxin through legal system will definitely help offset that limited visibility of the information caused by over 11 years of being banned, shadowbanned, blocked, deleted, censored and hacked.
Thank you VERY much for your help promoting JohnsonAndToxin.
Please let me know how you want to proceed,
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1. PicRights (no date available). PicRights PicRights. Retrieved from Link to source...
2. U.S. Copyright Office (2023, February). U.S. Copyright Office Fair Use Index U.S. Copyright Office. Retrieved from Link to source...
3. Cornell Law School (no date given). Cornell Law School: Frivolous Cornell Law School. Retrieved from Link to source...
4. Merriam-Webster (no date given). Extortion Merriam-Webster Dictionary. Retrieved from Link to source...
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Since I can't share my work on social media basically at all anymore, resorting to the last remaining free-ish solution to share my work: