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Photo: Photograph by Tina Tyrell for New York Magazine, Set Design by Eric Mestman
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I was walking through Tompkins Square Park with a friend and her dog and sipping a coffee when Jim’s name lit up my phone. “See you’re getting sued. My advice …” he began. Jim was a lawyer, familiar with people calling him up to ask for legal advice and therefore used to doling out his opinion even when it wasn’t solicited. “I guess this comes with the territory of being a public persona,” he wrote in a follow-up text.
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I sat down on a bench and Googled my name, discovering that I was in fact being sued, this time for posting a photo of myself on Instagram that had been taken by a paparazzo. I learned the next day from my own lawyer that despite being the unwilling subject of the photograph, I could not control what happened to it. She explained that the attorney behind the suit had been serially filing cases like these, so many that the court had labeled him a “copyright troll.” “They want $150,000 in damages for your ‘use’ of the image,” she told me, sighing heavily.
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