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Author Topic: Claim against me from Higbee  (Read 900 times)

piratealice

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Claim against me from Higbee
« on: December 28, 2018, 01:00:36 PM »
I read on another thread that there's a statute of limitations on Copyright Infringement.  I posted a picture to my personal blog which I have never made any money from. The image was altered with the faces replaced by the faces of my cats.  I posted this picture in 2013. And this month (December 2018) I got an email from Higbee Associates. I took the image down as soon as I received the notification. Of course someone named Cody Donnell is pressing me to "resolve this claim".  I have a friend who is a copyright lawyer who is going to help me out. But I'm hoping for a little more ammunition to use against these people as I have NOTHING to give them.

Robert Krausankas (BuddhaPi)

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Re: Claim against me from Higbee
« Reply #1 on: December 30, 2018, 08:14:14 AM »
this may or may not fall under "fair use" as the work may be transfomative..might be worth looking into...

https://www.nolo.com/legal-encyclopedia/fair-use-what-transformative.html
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Matthew Chan

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Re: Claim against me from Higbee
« Reply #2 on: January 04, 2019, 06:47:32 PM »
It sort of sounds like you created a meme here. Memes exist all over the Internet. Not sure how you used that image but I tend to agree with Robert it isn't clear cut because people legitimately execute transformative work all the time. But the burden is partially on you to defend it. They have a burden to prove if they feel it is a legit infringement. It sounds to me there is room for an aggressive settlement if you are willing. Otherwise, you will have to outright stand up to them and explain why your meme is appropriate and why you won't be paying. They will likely test your resolve and knowledge here to see if you will be "easy" or not.

Don't know who Cody Donnell is. Probably a low-end clerk working under the supervision of a Higbee lawyer would be my guess. I don't think they are the sharpest nails in the box on these matters.

I read on another thread that there's a statute of limitations on Copyright Infringement.  I posted a picture to my personal blog which I have never made any money from. The image was altered with the faces replaced by the faces of my cats.  I posted this picture in 2013. And this month (December 2018) I got an email from Higbee Associates. I took the image down as soon as I received the notification. Of course someone named Cody Donnell is pressing me to "resolve this claim".  I have a friend who is a copyright lawyer who is going to help me out. But I'm hoping for a little more ammunition to use against these people as I have NOTHING to give them.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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