Richard Liebowitz

{{Short description|American photographer and disbarred lawyer}}

{{Infobox person

| name = Richard P. Liebowitz

| image = Richard Liebowitz OPTIC New York June 2019.jpg

| caption = Liebowitz in 2019

| birth_name =

| birth_date =

| birth_place =

| death_date =

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| employer = Liebowitz Law Firm, PLLC

| education = {{hlist|University of Pennsylvania
Hofstra University Law School (JD)}}

| occupation = {{hlist|Lawyer}}

| known_for = Copyright attorney

| children =

| spouse =

| website =

}}

Richard Liebowitz is an American entrepreneur, Broadway producer,{{cite news |last1=Bruner|first1=Raven|title= American Buffalo Begins Broadway Previews March 22|url= http://www.PlayBill.com/article/american-buffalo-begins-broadway-previews-march-22|access-date=7 November 2022|work=Playbill.com|date=22 March 2022|language=en}} former lawyer{{Cite news |last=Patrice |first=Joe |date=2024-03-14 |title=New York Disbars Infamous Copyright Troll |url=https://abovethelaw.com/2024/03/new-york-disbars-infamous-copyright-troll/ |access-date=2024-03-15 |work=Above the Law |language=en-US}} and photographer{{Cite news |last=Cullins |first=Ashley |date=6 April 2018 |title=Has This Man Sued You? A "Copyright Troll" Takes on Hollywood |url=https://www.hollywoodreporter.com/thr-esq/has-man-sued-you-a-copyright-troll-takes-hollywood-1099156 |access-date=25 May 2018 |work=The Hollywood Reporter |language=en}} specializing in copyright law. While a lawyer, he was known for filing a high number of lawsuits against media organizations on behalf of photographers who assert that their images have been used without permission. His conduct in these cases has led to him being called a "copyright troll". After findings of legal misconduct, he was disbarred in the state of New York.

Life and career

A Long Island native, he graduated from the University of Pennsylvania.{{cite news |last1=Peters |first1=Justin |title=Why Every Media Company Fears This Guy |url=https://slate.com/news-and-politics/2018/05/richard-liebowitz-why-media-companies-fear-and-photographers-love-this-guy.html |access-date=7 October 2022 |work=Slate Magazine |date=24 May 2018 |language=en}} Liebowitz worked as an intern for veteran New York press photographer Bruce Cotler. His experience with Cotler, about which he wrote a book,{{cite book|last1=Liebowitz|first1=Richard P.|title=Apprentice!: a teen learns lessons on the frontlines of life|date=2006|publisher=New Voices Press|location=New York, NY|isbn=978-0974810348}} and as a member of the New York Press Photographers Association motivated Liebowitz to pursue a career in copyright law.{{cite news|last1=Peters|first1=Justin|title=Why Every Media Company Fears This Guy|url=https://slate.com/news-and-politics/2018/05/richard-liebowitz-why-media-companies-fear-and-photographers-love-this-guy.html|date=24 May 2018|access-date=25 May 2018|work=Slate Magazine|language=en}}

After graduating from Hofstra University Law School, he was admitted to the New York bar in 2015,{{Cite web|url=http://iapps.courts.state.ny.us/attorney/AttorneyDetails?attorneyId=6EwaR28qozr_PLUS_6DzLvV4kTQ%3D%3D|title = Attorney Online Services - Search Updated}} established his practice in New York and filed his first lawsuit in January 2016. He works on a contingency basis and has filed, on average, about five lawsuits per week. Contrary to other copyright lawyers, his practice is to immediately file suit rather than pursue a settlement, and to claim statutory damages far in excess of the images' ordinary licensing prices.

Assessments

Liebowitz's approach to copyright litigation earned him a reputation as "the scourge of the media industry (...) and the salvation of the underpaid photographer", according to Slate. Media organizations and their lawyers have asserted that Liebowitz is abusing the legal system by overloading the courts with dubious cases in which he attempts to leverage mistakes by overworked editorial staff into financial windfalls.

For his part, Liebowitz has argued that copyright law is the only tool that photographers have to protect their rights and livelihood in a digital media environment in which images are often reused without regard to proper licensing; however, in one case, a client was forced to repay $120,000 in legal bills to several media outlets Liebowitz sued on his behalf.{{Cite news|last=Donahue|first=Bill|date=October 5, 2017|title=Facebook Dad Faces Big Fine Over Failed Copyright Suits|work=Law360|url=https://www.law360.com/articles/971650}}

Disciplinary issues

Courts have repeatedly disapproved of Liebowitz's approach to legal practice and imposed sanctions on him or his clients.{{Cite news|last=Masnick|first=Mike|date=November 25, 2019|title=Richard Liebowitz Is Wrong On So Many Levels, And Is In Trouble Yet Again|work=Tech Dirt|url=https://www.techdirt.com/articles/20191123/23325143443/richard-liebowitz-is-wrong-so-many-levels-is-trouble-yet-again.shtml|access-date=June 19, 2020}} In one case, Judge Lewis A. Kaplan ordered Liebowitz's client to pay the defendant's legal fees for what the judge considered "frivolous litigation", and in another, Judge Denise Cote determined that Liebowitz was a "copyright troll", fined him and imposed ethics classes on him.{{Cite news |url=https://www.techdirt.com/articles/20190726/00143342658/copyright-troll-richard-liebowitz-may-have-cost-his-client-ton-money-set-expensive-precedent-copyright-trolls.shtml |title=Copyright Troll Richard Liebowitz May Have Cost His Client A Ton Of Money, And Set An Expensive Precedent For Copyright Trolls |last=Masnick |first=Mike |date=July 26, 2019 |work=Techdirt |access-date=2019-10-04}}

In 2019 a judge observed that "there is a growing body of law in this District" – the Southern District of New York – "devoted to the question of whether and when to impose sanctions on Mr. Liebowitz".{{Cite news |url=https://www.techdirt.com/articles/20190927/15020843084/copyright-troll-attorney-again-hit-with-sanctions-being-shitty-lawyer.shtml |title=Copyright Troll Attorney Again Hit With Sanctions For Being A Shitty Lawyer |last=Cushing |first=Tim |date=October 2, 2019 |work=Techdirt |access-date=2019-10-04}} In September 2019, Liebowitz was held in contempt of court by Judge Cathy Seibel{{cite web|date=2019-11-12|first=Tim|last= Cushing|access-date=2019-11-12|title=Copyright Troll Lawyer Serves Up BS 'Dead Grandfather' Excuse For Missing Court; Now Facing Sanctions And Arrest|url=https://www.techdirt.com/articles/20191108/12313243349/copyright-troll-lawyer-serves-up-bs-dead-grandfather-excuse-missing-court-now-facing-sanctions-arrest.shtml|website=Techdirt.}} for lying about the date of his grandfather's death in an attempt to excuse his failure to attend court.{{Cite Pacer |plaintiff=Jason Berger |defendant = Imagina Consulting |case-division= 7 |case-year = 2018 |case-type = cv |case-sequence = 08956 |doc-number = 60 |case-state=NY |case-district = sd |recap-number = 501890 |date=2019-11-01 |title=Order and Order to Show Cause}}{{cite web |url=http://www.thesmokinggun.com/documents/investigation/judicial-flogging-ahead-284936 |title=The Lawyer, The Judge & The Dead Grandfather |last=Bastone |first=William |work=The Smoking Gun |date=2019-11-11 |access-date=2019-11-23 }}

In June 2020 Judge Jesse Furman concluded in a 61-page opinion and order that Lebowitz "lied about his compliance with a court Order",{{Cite Pacer |plaintiff = Usherson |defendant = Bandshell Artist Management |title = Opinion and Order |date = June 26, 2020 |case-division = 1 |case-year = 2019 |case-type = cv |case-sequence = 06368 |case-state = NY |case-district = sd |doc-number = 68 |recap-number=518931}}{{rp|2}} "repeated that lie, over and over",{{rp|2}} "violated at least six of the Court's Orders",{{rp|26}} and wrote that "there may be no sanction short of disbarment that would stop Mr. Liebowitz from further misconduct."{{rp|46}} The judge ordered that Liebowitz pay $103,517.49 in sanctions, that Liebowitz give a copy of the opinion to all of his clients, and that Liebowitz file a copy of the opinion in all of his open cases.{{rp|54}} In June and July 2021, the Second Circuit affirmed the sanctions on appeal.{{Cite news|last=Brittain|first=Blake|last2=|first2=|date=2021-06-25|title=2nd Circuit affirms nationwide sanctions against copyright attorney Liebowitz|language=en|work=Reuters|url=https://www.reuters.com/legal/transactional/2nd-circuit-affirms-nationwide-sanctions-against-copyright-attorney-liebowitz-2021-06-25/|access-date=2021-10-25}}{{Cite news|last=Brittain|first=Blake|last2=|first2=|date=2021-07-23|title=2nd Circuit okays all Manhattan court sanctions against Liebowitz|language=en|work=Reuters|url=https://www.reuters.com/legal/transactional/2nd-circuit-okays-all-manhattan-court-sanctions-against-liebowitz-2021-07-23/|access-date=2021-10-25}}

Furman also sent the opinion to the Grievance Committee for potential disbarment.{{rp|54}}{{Cite news|last=Masnick|first=Mike|date=June 20, 2020|title=Copyright Troll Richard Liebowitz Benchslapped And Sanctioned AGAIN...|work=Tech Dirt|url=https://www.techdirt.com/articles/20200626/18131744799/copyright-troll-richard-liebowitz-benchslapped-sanctioned-again-massive-filing-detailing-pages-upon-pages-him-lying-under-oath.shtml |access-date=July 2, 2020}} On November 30, 2020, the Grievance Committee of the Southern District of New York suspended Liebowitz from the practice of law in the district, pending the outcome of his disciplinary charges.{{cite web |last1=Masnick |first1=Mike |title=World's Worst Copyright Troll, Richard Liebowitz, Suspended From Practicing Law |url=https://www.techdirt.com/articles/20201201/01325845794/worlds-worst-copyright-troll-richard-liebowitz-suspended-practicing-law.shtml |website=TechDirt |date=December 2020 |access-date=December 6, 2020}}

On November 3, 2021, Liebowitz was immediately suspended by the New York Appellate Division, Second Department, pending further order of the Court.{{Cite web |date=November 3, 2021 |title=Matter of Liebowitz (2021 NY Slip Op 05967) |url=https://nycourts.gov/reporter/3dseries/2021/2021_05967.htm |access-date=2021-11-05 |website=nycourts.gov |publisher=New York State Law Reporting Bureau}}

Following a hearing, on March 13, 2024, Liebowitz was disbarred by the New York Appellate Division, Second Department.{{Cite web |date=March 13, 2024 |title=Matter of Liebowitz (2024 NY Slip Op 01309) |url=https://www.nycourts.gov/reporter/3dseries/2024/2024_01309.htm |access-date=2024-03-14 |website=nycourts.gov |publisher=New York State Law Reporting Bureau}}

References