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Copyright Watchdog – Did you receive a photo infringement demand letter from Higbee & Associates?

Sep 20th, 2017 | By | Category: Copyright Litigation

Photo Infringement – Using a Copyrighted Image on your website without a license can be COSTLY!

digital image infringement attorney

 Introduction

If you received a photo infringement letter from companies such as Artist DefenseMasterfile, Getty Images, BWP Media, Sanders Law PLLC, or Higbee & Associates this blog will hopefully prove helpful.  We can help individuals who receive cease and desist letters, subpoena notices, legal demand letters seeking settlements, and federal copyright infringement matters.  This post deals with infringement letters from Higbee & Associates.

Overview of demand letter you may recieve

In one case I reviewed, here is what I found to be the general structure of their rights enforcement and settlement process:

  1. You upload a copyrighted photo onto your website (without paying a license fee), or used a copyrighted photo in some other way
  2. You get a letter from the law firm indicating they represent the rights holder as “attorney in fact”
  3. A copy of the infringing photo(s) may be included, along with a list of URL’s where the unlicensed image may have appeared
  4. The letter may ask you to submit to a settlement in a certain amount and offer to grant you a “retroactive license” for past use of the image (but may not be offering you rights to use the image past the “effective date” of the settlement.
  5. The letter may attach a certificate of copyright registration
  6. You may be given the option to mail in a payment or submit payment online
  7. The letter may offer terms of a liability release.  You especially need to make sure all claims are being released against all officers and directors of your company.
  8. A credit card authorization form may be included

What are the potential penalties for infringing a photo or digital image?

We have discussed copyright infringement damages in this video.

VIDEO – how to respond to a photo infringement letter

image copyright lawyer

VIDEO:  Click on the picture above to watch this video.  Make sure to SUBSCRIBE to our popular youtube channel.  We are now up over 4,200 subscribers.

Online Resource

Here is a blog thread that talks about experiences people have had with Higbee & Associates filing lawsuits when they are not paid.

Contact a Photo Infringement IP Law Firm

We can help you evaluate your options if you received a demand letter from a copyright holder or a law firm representing them.  Call us at (877) 276-5084.  We offer low flat rate fees for most (non-litigation) infringement matters, If you are involved in an arbitration, mediation, or litigation, we can also help.

 

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen, ME2 Productions and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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