Exhibit 

3

Case 1:20-cv-22228-CMA Document 1-3 Entered on FLSD Docket 05/28/2020 Page 1 of 14
May 23, 2019

VIA FEDEX

Mr. Thomas Svanstedt 

American Golf Tours

1602 Alton Road

Suite 72

Miami Beach, FL 33139

Re: Affordable Aerial Photography, Inc. v. American Golf Tours

Our File No.: 00022-0064

Dear Mr. Svanstedt,

We write on behalf of our client Affordable Aerial Photography, Inc., a photographer, 

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 December of 2012, AAP created an image entitled “Lost_Tree_Village_1”, hereinafter 

referred to as the “Work.”

The Work at issue is shown below. 

Case 1:20-cv-22228-CMA Document 1-3 Entered on FLSD Docket 05/28/2020 Page 2 of 14
Mr. Thomas Svanstedt

American Golf Tours

May 23, 2019

Page 2

AAP registered the Work with the Register of Copyrights on August 02, 2013 and was 

assigned the registration number VA 1-947-095, a copy of which is enclosed.

Infringement by American Golf Tours (“AGT”)

The infringement at issue was identified on March 26, 2019. We have enclosed 

contemporaneous evidence of the infringement by AGT. 

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.

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. 

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Mr. Thomas Svanstedt

American Golf Tours

May 23, 2019

Page 3

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 if the registration predated the infringement. 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 AGT’s use to sell and promote its business. 

AAP’s actual damages must be measured in light of AGT’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 AGT’s profits from the infringement, based upon the revenue AGT 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 if the registration predated the infringement. There is also 

the possibility that a judge or jury could determine that AGT’s infringement was willful. 

If AGT’s infringement was shown to be willful, the statutory damage award would 

increase to an amount up to $150,000 per work infringed.

Case 1:20-cv-22228-CMA Document 1-3 Entered on FLSD Docket 05/28/2020 Page 4 of 14
Mr. Thomas Svanstedt

American Golf Tours

May 23, 2019

Page 4

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 June 6, 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/stj

Enclosures

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May 23, 2019

VIA FEDEX 

Mr. Thomas Svanstedt

DBA American Golf Tours

1602 Alton Road

Suite 72

Miami Beach, FL 33139

Re: Affordable Aerial Photography, Inc. v. American Golf Tours

Our File No.: 00022-0064

Dear Mr. Svanstedt,

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 1:20-cv-22228-CMA Document 1-3 Entered on FLSD Docket 05/28/2020 Page 13 of 14
June 14, 2019

VIA FEDEX and EMAIL: info@americangolftours.com

Mr. Thomas Svanstedt

Thomas Svanstedt dba American Golf Tours & Academy

1602 Alton Road

Suite 72

Miami Beach, FL 33139

Re: Affordable Aerial Photography, Inc. v. Thomas Svanstedt dba American Golf 

Tours & Academy

Our File No.: 00022-0064

Dear Mr. Svanstedt,

We write this follow up letter on behalf of our client Affordable Aerial Photography, Inc.

for the purposes of resolving a case of copyright infringement against you by our client. 

This demand is privileged from disclosure pursuant to FRE Rule 408.

Enclosed please find our prior letter dated May 23, 2019, wherein we detailed the basis 

of the copyright infringement claim against you, including the evidence of infringement.

We note that a review of the accused infringing webpage shows that the infringement 

has not been removed. It is imperative that you respond to us. If we do not hear from 

you, we will be forced to take further steps to protect our client’s rights, including filing 

a lawsuit against you. We also repeat our demand that you tender this claim to your 

insurance carrier. We look forward to your prompt response.

Sincerely,

SRIPLAW

Joel B. Rothman

JBR/jcj

Enclosures

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