Higbee response to my email

[GWB1]

So, I sent Higbee a one paragraph email stating that if I inadvertantly used their client's photo on our blog then I am willing to pay the $250 the licensing fee he charges for 2 years.  I told him we took the picture down immediately upon receipt of his letter.  By the way, there was no link to the owner that stated his fees for using his pictures back when I found the picture of a deer.  That was added later in February of this year, the same month I got the letter.  If I had known this picture had to be paid for I would have never used it in the first place.

The response I got (from one of Higbee's assistants) was that their client refused my offer and told me to either pay the full $3000 or get a lawyer.  His client is in the UK.   I was able to track him down and find that he is legit.  I also have his email address.

I have one question.  I plan to write another email to Higbee letting him know I'm aware of his scheme to extort people for copyright infringement and that we are prepared to go to court if that's the route they chose to go.  We have no money as we are a small non-profit ministry which I receive no income from.  I'm on Social Security Disability which means they cannot attach money from my check.  I have no problem paying the licensing fee for our mistake but the $3000 is not even possible. 

My question is this; when I send my email response to Higbee letting him know what I just shared here, do you think it would be wise or unwise to send a CC to the owner of the picture? 

Appreciate any feedback you have to offer.

Thanks!

[stinger]

First, I don't think you should respond by email.  Why make things easy on them?  Email is free and fast.  Slowing the process down works in your favor.  Also, I am not sure how the courts view email communication versus registered letters.  Email could be undelivered or unseen if it diverts to a spam folder.

Have they proven to you that they own the image in question?  Have they proven to you that they have the right to pursue the copyright infringement?  Have they proven to you that the image is properly registered?  If it isn't, I believe the courts might only award them $200.  That's a losing proposition to them.

If they go to court, they will have to prove (not just claim) all of these things.  If they are unwilling to prove them to you now (which might let them save the court filing fees), something might be amiss.

If you are judgement proof, why offer them anything?

[GWB1]

I've already confirmed that the picture is properly registered by looking it up myself on the copyright website.  It's all legit as I said.  The proof is there and now I gotta deal with it.  She got my email and I got hers so there's no concern about it going into the spam folder. 

I'm going to email them and play hardball by letting them know I know that they're bottom feeder copyright trolls and that I've gathered plenty of information (here and from other places) to use against them in the event they chose to go to court. In addition to that, we have no funds and own now real estate or anything of significant value. 

I don't fear going to court because I have friends in the media who would love to get this story out and and expose these extortionists.  I have access to pro bono lawyers who could help me but they prefer I do all I can to resolve this on my own before they get involved in helping me.

So, back to my question, do you think it's wise to CC the owner of the picture when I email Higbee or is that going too far?  That's all I really want to know.

Thanks!

 

[stinger]

My only point is that the Statute of Limitations (SOL) (3 years in the U.S.) is your friend.  You are not letting your friend help you by emailing.

[Robert Krausankas (BuddhaPi)]

This is EXACTLY why people should not just respond, UNTIL, they are educated and have a solid plan of action..Higbee has you on the hook now, you've freely admitted taking the image and using it (which can be used against you) he's going to squeeze you for whatever he can get..don't bother contacting the artist, he's going to tell you to deal with his lawyer..

[AliAm]

Did you actually go to court?

[kingkendall]

@GWB1

I agree with Robert.  Responding to Higbee was a mistake.  You've said and done too mucj already.  But, since you made an offer I don't see no reason for further communication.  Understand this Higbee is looking to make money off of low hanging fruit.  Stop all communication.  An offer was made and reject so now it's time to go silent.  If he files it's not the emnd of the world.  Filing an answer to a lawsuit is not reckett science, you can do it yourself. 

[icepick]

I often wonder about the outcomes of many of the earlier Higbee posts also. I know people wouldn’t want to share the outcomes in a format tied to their username, but since Higbee is such a volume troll maybe someone can start up a google shared doc (or anything) where people can share outcomes anonymously. That would be good info for everyone dealing with Higbee now and in the future.

Did you actually go to court?

[Matthew Chan]

Higbee has a client in the UK?  Hmm..... let me take a stab at who this might be.

Could it be Nick Youngson of RM Media Ltd?

The response I got (from one of Higbee's assistants) was that their client refused my offer and told me to either pay the full $3000 or get a lawyer.  His client is in the UK.   

[Matthew Chan]

It has been stated often.

Most cases never go to court. And those few that end up in court, most get settled.

That is a simplistic nugget of information.

I suggest you do lots more reading to get familiar with the general patterns of Higbee (and other) copyright extortion practices and behavior.

Did you actually go to court?