Beware of Photographer Nicholas (Nick) Youngson of NYPhotographic.com

[Matthew Chan]

Generally speaking, when people choose to settle, it is done quietly.  And most settlement agreements call for the parties to NOT discuss it. Most people who settle, tend to fall off the grid.  Although, I do keep my ear to the ground and pickup some nuggets occasionally. I can tell you that anyone that settle close to the stated amount are generally very uninformed.

The small business that I work for has also received one of these letters, from Higbee and Associates. I posted the image after getting it from PicServer, failing to notice the "must attribute" part. Our lawyers have contacted Higbee and Associates and the minimum settlement they are willing to accept is $750. My boss is wanting to settle just to be done with it, as her lawyers are charging $350 an hour to deal with this. We offered to buy the image, (after immediately removing it).

Here are my questions: has anyone else dealing with this photographer and firm reached a settlement? If so, do you mind sharing what it is?

[pctechguy1]

Higbee just sent me a collection message via email on Christmas day. Can you believe it? Classless intimidation.

[clist]

Higbee just sent me a collection message via email on Christmas day. Can you believe it? Classless intimidation.

Its probably an automated email.

Don't let it get to you.

Enjoy your Holiday.

 

[kingkendall]

Higbee just sent me a collection message via email on Christmas day. Can you believe it? Classless intimidation.

Its probably an automated email.

Don't let it get to you.

Enjoy your Holiday.

 

I agree it's probably an auto mail.  But, that doesn't take away on how it reflects on the name behind it.  Not much of a law practice I think if it's reduced to sending demand emails on Christmas Day.  Keep everything he sends you in a file and get all your ducks in a row in order not to become low hanging fruit.   

[kvanvreckem]

Good morning, and Merry Christmas.

I have been offline for about a week now, my family from Belgium was in town so we went to Walt Disney Orlando with our 11 month old. Good experience and quality family time!

That being said, back to the our issue at hand:
- I received an email from Scott Moses, Scott Moses <[email protected]>, who emailed the following:

Dear Sir/Madam,

A photo was posted onto your website without appropriate attribution. The original photo, to which we own the license, can be found at: https://www.flickr.com/photos/mkhmarketing/8541370656/

The unauthorized and infringing instance of the image can be found at: http://www.delraycomputers.com/webdesign-boca-raton/

Under the Creative Commons license, you are free to use the image but you must give appropriate credit. Please attribute the image to StartBloggingOnline.com and link to: http://startbloggingonline.com

Thank you.

Respectfully,
Scott Moses

=> This is the right way to do it, without any intimidation or scare tactics. And he clearly states the image(s) used under the Creative Commons license just needs an attribution to the author. I do not see the point of people filing a law suit for a picture used on a blog, unless it is a nationwide TV campaign of some sort. This email can also be used as leverage and/or leverage if this should escalate any further.

=> I also mentioned "image courtesy of .. " in my footer of my website.

PS: please note the Scott Moses email concerned a different image than the one Liebowitz has sent me.

[kvanvreckem]

I'd like to see a copy of the Liebowtiz letter if you'd like to email it to me at matt30060 / gmail. This appears to be a new development.  All the other letters I have seen is from Higbee.

I received the same warning letter yesterday Dec 17, but it was coming from Liebowitz Law Firm in New York.

I will do this asap, i just got back from a family vacation. I already replied with some email i received from somebody, HOWEVER this concerned a different image than the Liebowitz letter. That image has already been deleted on my website.

[kvanvreckem]

The small business that I work for has also received one of these letters, from Higbee and Associates. I posted the image after getting it from PicServer, failing to notice the "must attribute" part. Our lawyers have contacted Higbee and Associates and the minimum settlement they are willing to accept is $750. My boss is wanting to settle just to be done with it, as her lawyers are charging $350 an hour to deal with this. We offered to buy the image, (after immediately removing it).

Here are my questions: has anyone else dealing with this photographer and firm reached a settlement? If so, do you mind sharing what it is?

UPDATE: we have decided to ignore this, and if we continue to be harassed, will threaten a counter lawsuit for entrapment. If anyone else being threatened by this photographer would like to add their name to our list we would appreciate your information. Please send an email to julie at josiahmorgan dot com

I can forward you my information and case information. I have also replied to this thread with some info.

[kvanvreckem]

Count me in.
I too am being harassed by Higbee. I received a notice from them in the mail on Saturday, 12/17/2016. The very next day they sent a email requesting payment of $5000.00. I just received another email today (Wednesday) trying to collect again. I have a copy of the creative commons license from pixserver.org. I sent a letter to the Defense Letter Program at '[email protected]' but I have not heard back from them yet.

Interesting, i did not know there was an agency that was dealing with this stuff!

PS: my letter was from Liebowitz, but i have not yet received an email, just a letter with a draft "law suit" paperwork.

[pctechguy1]

Just found this in a posting at http://www.americanbar.org/content/dam/aba/migrated/intelprop/magazine/LANDSLIDEMay2010_McKinney.authcheckdam.pdf
That's my attribute by the way.

Somehow, Higbee forgot to include the second paragraph (below) in the demand letter he sent me.

"The range for statutory damages set forth in § 504(c) of the
Copyright Act is $750 to $30,000 per work infringed.32 If
the copyright owner can prove that the infringement was
“willful,” the court may increase the award to $150,000.

Alternatively, if the defendant proves that he was not aware
and had no reason to believe that his actions constituted
infringement, the court, in its discretion, may reduce the
statutory award to $200 per work infringed."

[kvanvreckem]

I'd like to see a copy of the Liebowtiz letter if you'd like to email it to me at matt30060 / gmail. This appears to be a new development.  All the other letters I have seen is from Higbee.

I received the same warning letter yesterday Dec 17, but it was coming from Liebowitz Law Firm in New York.

Matthew, have you received my email?

[Matthew Chan]

Yes, I received the submission. I will look into this further after the holidays.

[Defender]

I'm aware of yet another that has been the victim of the Nick Youngson honeytrap and has now received the $5K demand letter from Higbee.  What is the recommended course of action? 

[kvanvreckem]

Yes, I received the submission. I will look into this further after the holidays.

thanks

[kvanvreckem]

I'm aware of yet another that has been the victim of the Nick Youngson honeytrap and has now received the $5K demand letter from Higbee.  What is the recommended course of action?

Good afternoon,

see my previous posts, i received a letter, educated myself, and if and when they reach out to me, i will take further action.

[Defender]

Thanks.  No action taken yet, just a bunch of harassing telephone calls from Higbee office, and most recently a call from a woman claiming to be an attorney indicating she will be filing suit in federal court.  Do I call their bluff and do nothing, or do I file off a letter in response stating image was removed and try to argue they have no claim because the image was on a site listed "free for commercial use" etc etc.  This has been going on for a few months now and they are turning up the pressure.