Exhibit 

3

Case 9:20-cv-80851-WPD Document 1-3 Entered on FLSD Docket 05/28/2020 Page 1 of 16
February 26, 2019

VIA FEDEX and EMAIL: rhys@loganrealtyinc.com

Mr. Rhys Hollyman

Logan Realty, Inc.

333 Clematis Street, Suite 201

West Palm Beach, FL 33401

Re: Affordable Aerial Photography, Inc. v. Logan Realty, Inc.

Our File No.: 00022-0044

Dear Mr. Hollyman,

We write on behalf of our client Affordable Aerial Photography, Inc. for purposes of 

resolving a case of copyright infringement against you by our client. This demand is 

privileged from disclosure pursuant to FRE Rule 408. 

Please provide this letter to your general liability insurance carriers or other providers of 

insurance that may cover this claim and refer them to the enclosed demand pursuant to 

§ 627.4137, Florida Statutes, for insurance information in this matter.

Affordable Aerial Photography, Inc. (“AAP”)

Robert Stevens is a high-end real estate photographer who makes his living 

photographing million dollar homes for real estate agents. Stevens is an employee of his 

company, AAP, which provides photo shoots to a client’s specifications. Stevens is selftaught, but his photographs rival those taken by photographers who charge thousands 

more. AAP licenses its photos to agents pursuant to a written license. The license is 

granted only to the agent for whom the photos were taken.

AAP retains all copyrights to its photographs. AAP licenses its copyrighted Works, such 

as the one in this case, for commercial use. 

In 2015, AAP created an image entitled “Connemara AAP 2015 c, Sept. 25, 2015”, 

hereinafter referred to as the “Work.”

The Work at issue is shown below. At the time the Work was created, AAP applied 

Copyright Management Information to the image.

Case 9:20-cv-80851-WPD Document 1-3 Entered on FLSD Docket 05/28/2020 Page 2 of 16
Mr. Rhys Hollyman

Logan Realty, Inc.

February 26, 2019

Page 2

AAP registered the Work with the Register of Copyrights on August 24, 2016 and was 

assigned the registration number VA 2-033-301, a copy of which is enclosed.

Infringement by Logan Realty, Inc. (“Logan”)

The infringement at issue was identified on September 29, 2018. We have enclosed 

contemporaneous evidence of the infringement by Logan. In addition to the 

infringement, AAP’s photograph was very obviously cropped as shown on the attached.

You have employed our client’s Work in at least the manner indicated in the evidence 

attached. Your unauthorized use commenced on at least the date indicated above. You 

are fully aware that the Work you used is our client’s Work. No one from your 

company ever sought a license from our client to use the Work for any purpose. 

You have copied, displayed and distributed our client's Work without permission, 

license or consent. The use of a creator's photographic image without written consent or 

license violates the United States Code, Title 17, and The Copyright Act. The Copyright 

Act provides for entry of an injunction directing removal of the offending materials 

pending litigation. This letter shall serve as formal notice that you immediately cease 

and desist all unauthorized uses of our client’s Work. Any such further uses shall be at 

your peril.

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Mr. Rhys Hollyman

Logan Realty, Inc.

February 26, 2019

Page 3

If you possess a contract, license, agreement or writing on which you will rely for 

authorization of your use of our client’s Work, please provide us with this evidence so 

we may avoid further controversy or litigation. Otherwise, we will be forced to assume 

that your use violated the law. 

Damages

Copyright law provides several different elements of compensation to AAP when a 

work is infringed or altered. Section 504 permits AAP to recover actual damages plus 

“any additional profits of the infringer that are attributable to the infringement and are

not taken into account in computing the actual damages,” or statutory damages of up to 

$150,000 per work infringed. AAP can present both damages theories to the jury and 

select the higher award any time prior to entry of judgment.

Academic studies have demonstrated that the use of good quality photographs more 

effectively market and advertise products and drive sales. AAP’s photographs are of the 

highest quality. AAP’s photographs are also scarce since it is one of the only sources of 

such quality photographs. 

AAP’s damages are not limited to what it would have agreed to license the Work for 

prior to the infringement. Rather, AAP’s actual damages will be measured by the fair 

market value of the photograph considering Logan’s use to sell and promote its business. 

AAP’s actual damages must be measured in light of Logan’s use of AAP’s high quality 

and unique Work. 

This is consistent with federal courts’ approach to broadly construing the term “actual 

damages” to favor victims of infringement. See, e.g., Davis v. Gap, Inc., 246 F.3d 152, 164 

(2d Cir. 2001). The fair market value approach for calculating damages is an accepted 

approach to valuing the defendants’ uses of photographs. See Leonard v. Stemtech Int'l, 

Inc., Nos. 15-3198, 15-3247, 2016 U.S. App. LEXIS 15565 (3d Cir. Aug. 24, 2016). In 

addition, AAP can offer evidence of the actual cost to take the photograph infringed on a 

time and materials basis.

Section 504 of the Copyright Act permits AAP to recover actual damages plus “any 

additional profits of the infringer that are attributable to the infringement and are not 

taken into account in computing the actual damages.” Therefore, AAP will also be 

entitled to Logan’s profits from the infringement, based upon the revenue Logan earned 

in connection with the use of AAP’s Work. 

Alternatively, AAP could seek statutory damages for infringement in an amount of up 

to $30,000 per Work infringed. There is also the possibility that a judge or jury could 

Case 9:20-cv-80851-WPD Document 1-3 Entered on FLSD Docket 05/28/2020 Page 4 of 16
Mr. Rhys Hollyman

Logan Realty, Inc.

February 26, 2019

Page 4

determine that Logan’s infringement was willful. If Logan’s infringement was shown to 

be willful, the statutory damage award would increase to an amount up to $150,000 per 

Work infringed.

There is also the issue of the removal of AAP’s copyright management information. 17 

USC 1203(c)(3)(B) permits AAP to recover statutory damages of not less than $2,500 or 

more than $25,000 per violation of the prohibition against alteration or removal of 

copyright management information contained in Section 1202. Based upon Logan’s 

removal of AAP’s CMI, AAP will seek the maximum statutory damages of $25,000 per 

photograph against Logan for this violation.

Demand

In order to determine how to proceed, please provide us with information and 

documents showing:

1. the full nature and extent of the use of our client's Work, in any and all formats;

2. representative copies in any and all tangible form and media in which our 

client's Work was incorporated or employed; and

3. the source of the Work;

Upon receipt of this information we will consider and determine an appropriate amount 

required to be paid to our client in compensation. 

Please carefully consider this letter and the associated exhibits and provide them to your 

attorneys and insurance carriers. If we do not receive a response from you or a 

representative by March 12, 2019, we will take further steps to protect our client’s rights. 

We look forward to your prompt response. 

Sincerely,

SRIPLAW

Joel B. Rothman

JBR/jcj

Enclosures

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February 26, 2019

VIA FEDEX and EMAIL: rhys@loganrealtyinc.com

Mr. Rhys Hollyman

Logan Realty, Inc.

333 Clematis Street

Suite 201

West Palm Beach, FL 33401

Re: Affordable Aerial Photography, Inc. v. Logan Realty, Inc.

Our File No.: 00022-0044

Dear Mr. Hollyman,

We write pursuant to § 627.4137, Florida Statutes, to demand a response with insurance 

information for each known policy of liability insurance your clients may have that may 

provide coverage for all or a portion of our client’s claims in this matter:

(a) The name of the insurer.

(b) The name of each insured.

(c) The limits of the liability coverage.

(d) A statement of any policy or coverage defense which such insurer reasonably 

believes is available to such insurer at the time of filing such statement, and

(e) A copy of the policy.

Thank you in advance for your anticipated cooperation.

Sincerely,

SRIPLAW

Joel B. Rothman

JBR/jcj

Case 9:20-cv-80851-WPD Document 1-3 Entered on FLSD Docket 05/28/2020 Page 13 of 16
March 27, 2019

VIA FEDEX and EMAIL: sales@yourdigitalresource.com

Mr. Shay Berman

Digital Resource LLC

324 Datura Street, Suite 140

West Palm Beach, FL 33401

Re: Affordable Aerial Photography, Inc. v. Logan Realty, Inc. & Digital Resource 

LLC

Our File No.: 00022-0044

Dear Mr. Berman,

We write you on behalf of our client, Affordable Aerial Photography, Inc. (“AAP”), for 

the purpose of resolving a matter of alleged copyright infringement by your company, 

Digital Resource LLC. Please note that this letter is privileged pursuant to Fed. R. Evid. 

408. 

The reason you are receiving this letter is because the website your company created for 

Logan Realty, Inc. pursuant to your June 21, 2017 agreement contained AAP’s high-end 

aerial photograph of the Connemara building on Singer Island, shown below and herein 

referred to as the “Work.”

Case 9:20-cv-80851-WPD Document 1-3 Entered on FLSD Docket 05/28/2020 Page 14 of 16
Mr. Shay Berman

Digital Resource LLC

March 27, 2019

Page 2

According to our client’s records, there is no record of Digital Resources LLC or Logan 

Realty, Inc. ever purchasing a license to use AAP’s Work, nor asking for permission to 

use the Work. 

As further outlined in our February 26, 2019 letter to Logan Realty, Inc., attached hereto, 

you have copied, displayed and distributed our client's Work without permission, 

license or consent. The use of a creator's photographic image without written consent or 

license violates the Copyright Act, 17 U.S.C. § 501. This letter shall serve as formal notice 

that you immediately cease and desist all unauthorized uses of our client’s Work. Any 

such further uses shall be at your peril.

If you possess a contract, license, agreement or writing on which you will rely for 

authorization of your use of our client’s Work, please provide us with this evidence so 

we may avoid further controversy or litigation. Otherwise, we will be forced to assume 

that your use violated the law.

Please also note that the Copyright Act, 17 U.S.C. § 504(c), allows for the recovery of 

statutory damages as high as $150,000 per work infringed if this case were to proceed to 

litigation. 

Demand

In order to determine how to proceed, please provide us with information and

documents showing:

1. the full nature and extent of the use of our client's Work, in any and all 

formats;

2. representative copies in any and all tangible form and media in which 

our client's Work was incorporated or employed; and

3. the source of the Work;

Upon receipt of this information we will consider and determine an appropriate amount

required to be paid to our client in compensation.

Please carefully consider this letter and the associated exhibits and provide them to your

attorneys and insurance carriers. If we do not receive a response from you or a

representative by April 12, 2019, we will take further steps to protect our client’s rights.

Case 9:20-cv-80851-WPD Document 1-3 Entered on FLSD Docket 05/28/2020 Page 15 of 16
Mr. Shay Berman

Digital Resource LLC

March 27, 2019

Page 3

We look forward to your prompt response.

Sincerely,

SRIPLAW

Joel B. Rothman

JBR/jcj

Enclosures

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