What do I do if I receive a Higbee and Associates copyright demand letter?

According to Darren Heitner of Heitner Legal, if you receive a letter from Higbee and Associates, do not ignore it. In his words, ignoring their letters is the worst thing that you can do if you find yourself in receipt of one of these demands.

Does Higbee and Associates represent the Associated Press?

Higbee & Associates represents some of the world’s largest news agencies, such as Agence France-Presse (AFP) and The Associated Press (AP), as well as hundreds of creative agencies, stock image providers and individual photographers. Our copyright division has been profiled in Lawyer Monthly and Fast Company.

What is considered copyright infringement?

As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

How do copyright trolls work?

A copyright troll is a party (person or company) that enforces copyrights it owns for purposes of making money through strategic litigation, in a manner considered unduly aggressive or opportunistic, sometimes while without producing or licensing the works it owns for paid distribution.

Does PicRights represent Reuters?

Admittedly, PicRights have worked with some major clients (companies, brands and artists) who have hired PicRights to monitor and settle copyright infringements on their behalf. Well-known examples include Reuters, The Associated Press (AP), Science Photo Library and CartoonStock Ltd.

Who is PicRights?

PicRights is a global company who scour the internet for copyrighted images which have been used without the owner’s permission and track down the publishers, demanding money.

How do you prove copyright infringement?

In order to prove copyright infringement, the plaintiff must:

1. Establish the ownership of legitimate copyright.
2. That the infringing party had access to the copyrighted work.
3. That the infringing party had the opportunity to steal that work.
4. Prove that protected elements of the original work have been copied.

Are copyright trolls illegal?

The use of P2P sharing apps, such as those using the Torrent protocol, is not illegal – as in sharing personal files or files not protected by copyright.

How much do copyright trolls make?

A court could award anywhere from $750 to $30,000 in statutory damages, or even up to $150,000 if the court considers it willful. The troll may try to scare you with threats about the high end of that range, but don’t let that scare you into an unreasonable settlement.

Can I ignore PicRights?

PicRights do have connections with law firms, so you might think it could be a major risk to ignore an infringement notice. However, anecdotal evidence from forums and word of mouth suggests that if you just ignore the letters and emails PicRights sends, there will be no repercussions.

Is PicRights a real company?

PicRights is a real company based in Canada. They have very big clients. They work with real law firms.

Is Higbee and Associates a copyright troll?

Several people have looked into Higbee and Associates and all of them came out with the same outcome: the firm is solely a “copyright troll” that enforces the copyright to earn a percentage of payments before ever engaging with alleged infringers. Mike Masnick of TechDirt covered the law firm a couple of times over the last few years.

Is Higbee&associates targeting your business?

The Law firm of Higbee & Associates has been targeting businesses of all kinds. They send out threatening messages to businesses, accusing them of copyright infringement and stealing imagery. What Is a Copyright?

What are the letters from the law firm of Higbee&associates?

The letters from the Law Firm of Higbee & Associates typically begin by identifying the client that they are reaching out on behalf of, indicating that there is still time to resolve the matter before it gets more expensive and possibly ends up in court.

How to get Higbee authorized to act as copyright owner’s agent?

Request copy of copyright registration, the deposit material that accompanied application, and documents sufficient to show Higbee is authorized by copyright owner to act as agent.