Messages

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Higbee Associates Letter & Lawsuits Forum / A Victory For The Guys That Higbee Targets??

« on: July 05, 2018, 10:38:15 AM »

I came across this lawsuit, which went against pretty much everything Higbee continually claims. The ruling was against the use of an image being copyright infringement, and the reasons were VERY interesting for a lot of reasons. Most surprising to me was that damage was evaluated to be non-existent, and the court seemed to take into account intent of use vs. a blanket "you used it, you stole it" philosophy that Higbee's extortion letters indicate. They ruled that the photos' use was "fair use".

Anyway, here's the link to the article which also contains the decision. If Matthew or any others that are in the mix would like to offer thoughts, I'd love to see what you are all thinking.

https://petapixel.com/2018/07/02/court-rules-copying-photos-found-on-internet-is-fair-use/

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Higbee Associates Letter & Lawsuits Forum / The License Language At Alpha Stock Images

« on: June 15, 2018, 10:26:19 AM »

My images that I got the Higbee extortion letter for all are on Alpha Stock Photos, which Youngsan refers people to use from his main website. It has the following license. Does this language not say that you can use the images without purchasing a further license or providing attribution?

"Rights Managed License

License length: 50 years

License terms.

This license grants the Licensee the right to display the image on a single website or a single social media account one or more times and the Licensee may not use the above image for any other purpose without the express consent of the Licensor.

The Licensee may resize the image and make any other alterations to the image as they see fit.

Other than being displayed on a web site the Licensee agrees that the image or any derivation of it may not be sublicensed, resold or otherwise made available by the Licensee.

No ownership, copyright or any other interest in the image shall pass to the Licensee by the issue of this Licence."