Messages

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee response to my email

« on: June 06, 2017, 05:51:59 PM »

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!

 

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Higbee Associates Letter & Lawsuits Forum / Higbee response to my email

« on: June 06, 2017, 02:24:53 PM »

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!

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Getty Images Letter Forum / Re: Sanders Law is now Representing RM Media Ltd. (UK Photographer Nick Youngson)

« on: May 25, 2017, 12:57:36 PM »

I'm curious.  The $5000 extortion letter I got from Higbee is for his client who happens to be from the UK.  He's a legitimate photographer from what I gather on his website.  His name has not come up anywhere related to Higbee or making extortion attempts on people when I google it, just his website comes up.

Anyway, if I'm unable to negotiate a reasonable settlement with Higbee, and he decides to go to court, does that mean his client from the UK will have to come to my state to fight this?  If so, seems like an awful lot of time and money to spend for a picture that he offers for only $250. 

I'm still debating about how to handle this.  As of now I'm thinking of calling Higbee and offer him $250 for the picture and leave it at that.  I know he'll likely reject it but I can't imagine they'd come after a small ministry that doesn't have that kind of money.  We're so small that I don't even get a salary from it. 

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 16, 2017, 09:34:08 PM »

Matt, thanks for your comments.  I appreciate you chiming in and sharing your valuable insight with me.

Here's the thing, some people suggest I just ignore them.  Do you seriously think they're going to ignore me for ignoring them?  Today I went to two attorney websites that specialize in the same stuff you do.  Both of them give some basic do's and don'ts (on their websites) on how to handle situations like this.  They both say...do not ignore a letter from an attorney for copyright infringement.  Naturally, they both suggest getting a lawyer to represent them. They both agree that if you do it on your own then let the attorney know the picture has been removed from the website and offer to pay whatever the going rate is for using the photo.  They warn not to give anymore information than that.  I think that's wise advice and I'm not sure why some people think ignoring this is a good option to take. 

Regardless, I think I need to step back now and process all this information I have and take a couple of days to decide how to deal with this.  I read through the letter again and they give 30 days to respond.  I have plenty of time to figure this out and hopefully I make the right decision.

Thank you all again for your time and valuable input.  I'm glad I found this forum and appreciate the service you offer for people like me. 

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 16, 2017, 02:12:01 PM »

clist, if I ignore them doesn't that make me look bad in court if we end up there?  Doesn't that show that I willfully ignored this and as a result should have known better than to act like this is no big deal?  I just feel either way I do this I'm gonna get clobbered.   Seems this is a no win situation either way I go.  I either ignore this and possibly end up hiring an attorney, which I cannot afford, or try to negotiate this down the best I can.  I've read through this forum and have spent tons of time researching Higbee, and while they certainly are not known for being ethical in the way they pursue people for copyright infringement, they also don't let go once you become their target.  If Higbee wants to go to court he's going to spend a lot of money to find out that there's no blood to squeeze out of this turnip. 

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 16, 2017, 01:12:58 PM »

Robert, thank you for letting me know about the declaratory judgement.  If it turns out I need an attorney we will definitely file a counter suit.  Do you think his client is aware that he's contacted me about this?

kingkendall, the thing is, everywhere I've read about people who have ignored Higbee they eventually heard back from him and he withdrew his previous offer and demanded more than he originally asked for.  I have not seen one case that was dropped or ignored by this outfit from people who ignored him.  Everything I've read shows that he will not let go until he gets money or takes them to court.  If I ignore him and end up in court I might end up spending more money by hiring an attorney to settle this.  I can't afford it.  I understand either way is risky but since I haven't seen anyone post having success by ignoring this guy I feel I don't have any choice in the matter except to deal with him. 

Interesting, this morning as I was doing more research I found the picture on the guy's market place website (which I never saw before now) and it just happened to be uploaded on the part of his website where he sells pictures for a certain amount of time used.  The attorney said in his letter to me that this was discovered in February of this year.   He waited until now to contact me...3 months later.  I find it interesting that this picture was uploaded on the owners market place website in February of this year as well.  Coincidence?  Probably not.  The owner of the picture charges $250 for using it for two years and Higbee is demanding I pay him $3000!

Anyway, I've gotten a lot of good input here from you all which I greatly appreciate.  I just feel that since we cannot afford an attorney that this is my only option.  I feel confident that we could win this case if it were to go to court, but if I can settle it for an amount close to what it would have cost to pay the owner ($250) for using the picture then I think it might be worth the gamble to go this route.  Only time will tell.

Thank you all for your time and input.  I really do appreciate it.

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 15, 2017, 10:35:25 PM »

Jerry Witt, thank you for your comments and input.  What you've shared with me is very helpful and will give me some ideas on how I will put my email together.  You've given me a new perspective about this especially since we most likely are a "judgement proof" organization which I've never thought about before. 

We have no property or offices and mainly do ministry from the internet.  Our income barely pays our utility bills and office supplies.  What you said is really helpful and will help me think about how I will construct my email to this attorney.

You ALL have been very helpful to me and I appreciate each and everyone of you who chimed in with your comments and input.  I have learned a lot here and am definitely going to be much more cautious and diligent about what we put on our website in the future.

Thanks you ALL again for your helpful comments.  Wish me well as I try to get this matter resolved. 

Thanks again!

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 15, 2017, 05:30:22 PM »

clist and and stinger, I appreciate your input.  I have put countless hours into researching this and there just doesn't seem to be a good ending to this short of negotiating with them on the price.

I found on google, but since I got this notice to immediately remove the photo I have complied with that request.  It's a picture of a deer which is very common, however, I recently discovered the owner of this picture is a professional photographer who owns the rights to this picture.  No, it's not worth $3000 this outfit is demanding from me but spending money on an attorney to negotiate this could be quite costly too.

If I don't respond in a few days this attorney plans to file suit and then it will end up in court.  I've been obsessed with this and have done countless hours of research.  It's clear that this outfit is known for not letting things go.  You either negotiate with them or go to court.  If there's been anyone who has had success in not paying some kind of a settlement with them, I have not found them here on this forum or anywhere else for that matter.

My dilemma is whether or not I spend money on an attorney who will charge me for negotiating a settlement with this outfit or just go directly to Higbee and try to negotiate it myself.  I have not seen anyone who has ignored him end up in a better place.  He isn't going to drop this from everything I've researched on the internet from other people who are where I am now.

We are a very small non-profit ministry.  I receive no income from it because we don't receive enough income to pay me.  My wife and I both work as volunteers.  Both, the ministry and my wife and I don't have anywhere near the amount of money they are demanding from us.

I have received all the information I can glean from this forum and other places so now I need to decide where to go from here. 

Thank you all for your help and input—I appreciate it very much.

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 15, 2017, 02:39:46 PM »

I was able to verify the Certificate of Registration through the copyright office. I've spent countless hours researching this and it's for sure legit and belongs to the person who Higbee said it belongs to.  Everything I found shows that it's not fake so now I am left to decide on how to go about resolving this.  I have read enough to know that this outfit is not going to let this go.  It seems my only option is to try to negotiate a settlement.  Getting ready to email them soon.  One last time, any input before I email them?  I know no one is giving me legal advise here but whatever you might say that could help me is much appreciated. Thank you.

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 15, 2017, 02:38:49 PM »

Thank you, clist.

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 15, 2017, 01:43:45 PM »

I'm curious to know how Higbee finds these photos?  Does his clients know he is doing this or does he  just do it on his own?   Do you have any idea what percentage he gives the owner of the images if he gets paid?

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 14, 2017, 09:32:46 PM »

One last question.  Is there anyone here that's dealt with Higbee and had a successful resolution with them?  If so, how did you go about approaching them and how did it turn out?   I've read several comments on various forums that this company is pretty aggressive and doesn't back off until they get something from you.  I've read where they did negotiate from a few thousand dollars down to a few hundred dollars.  We're a VERY small non-profit organization and don't even have the amount they're asking for in our bank account.  Impossible for us to pay what they're asking.  Thanks.

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 14, 2017, 01:34:22 PM »

I admit I'm ignorant. I messed up. I take full responsibility for it. From what I've read Higbee is pretty aggressive and most people seem to negotiate down with him.  I guess I need to do some more research. Thanks for your input guys. Just kinda shaken up about this. Thank you.

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 14, 2017, 09:44:43 AM »

OK, so I'm stupid for thinking that I could use pictures on our website from google images because I didn't see a copyright on it.  Got that part.  Now, what do I do?  You guys are suggesting I wait it out and not contact them?  That's the best approach to this?  Should I not email them and let them know I can't afford this and try to negotiate it down?  You guys have a lot of experience so just telling someone like me I'm ignorant isn't really helping me out.  Yeah, I admit it but I need to know how I should approach this?  Just ignore it?  Please, give me some helpful advice as to how to handle this.  Thank you.

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Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 13, 2017, 07:27:01 PM »

Thanks for your reply.  I put the certificate number in the link you gave me and neither his name or his registration certificate number comes up, however, after doing some more digging I did find this same deer picture on Pinterest.com which then led to his website where the actual picture of the deer is.  On Pinerest and on his website it shows in very small print on the bottom (hardly readable) his name on it.  I'm always careful to make sure there's no copyright or fees to pay for stuff we post but I obviously missed this.  His name is not on the google image we put up so I thought it was OK.  So now I guess I need to email or call Higbee and see if I can negotiate the fee from $3000 to ??.  We're just a small ministry and don't have that kind of money.  Any suggestions on how I should approach this?  Do you think it matters if I email them at the email they gave me or phone them?  They said I could contact them either way.  I haven't told my wife about this yet as it would totally upset her and ruin her Mother's Day.  Hoping I can handle this without getting her involved and negotiate this down to the bare minimum as we seriously cannot afford this.  Any input would be greatly appreciated.  So sick about this.