ELI Forums > Higbee Associates Letter & Lawsuits Forum
Got a Higbee letter - how can I ask for proof of copyright ownership?
Sid the geek:
Hi all! Newbie here. This is a great forum, extremely helpful. Very grateful for the support!
Long story short, I got a letter from Higbee. Looks like it's a follow-up to some emails and letters that picrights sent earlier in the year, that I ignored, pertaining to just one image on our website (which I promptly took down as soon as I got the first email). Higbee now asks for $1200. Before I respond to him: How can I ask for proof that he or his client actually owns the copyright? In other words, is there perhaps a US Copyright Library website somewhere, to which I can ask him to provide a deep link, showing the specific image and the copyright number with which it is registered? Obviously if he can't prove that he or his client owns the copyright, we shouldn't have to even bother with this.
Thanks in advance!
marketer44:
I just received one too, claiming a small amount of $1400 for one image used twice. Asking the community to share their case information on how they beat this or what they did as the outcome of this situation. Thanks!
Ethan Seven:
@sid. It is always good to ask for proof of ownership. However, no reputable lawfirm would knowingly help a client enforce images they do not own. So, don’t expect that approach to be more than a delay tactic. Also, not all images are registered with the US Copyright Office, so you might have to look at other sources of proof of ownership, such as credibility of the claimant or other sites crediting the photographer for the image. Good luck with it.
Ethan Seven:
--- Quote from: marketer44 on November 01, 2018, 03:11:43 PM ---I just received one too, claiming a small amount of $1400 for one image used twice. Asking the community to share their case information on how they beat this or what they did as the outcome of this situation. Thanks!
--- End quote ---
How to beat it? Well, absent a license, a valid defense, such as fair use, is a good place to start if the facts support it. You could challenge the ownership of the images if ownership is in doubt.
The options usually boil down to ignoring it and hope they don’t sue for three years (which is the statute of limitations), you negotiating a settlement, or you hiring an attorney to settle it. What you do is up to you. It is a business decision that involves many factors ranging from financial to emotional.
Sid the geek:
@Ethan Seven Curiosity question, then:
--- Quote ---Also, not all images are registered with the US Copyright Office, so you might have to look at other sources of proof of ownership, such as credibility of the claimant or other sites crediting the photographer for the image
--- End quote ---
How does the attorney prove ownership in court (if it comes to that), if there is no Copyright Office record? On what basis would a court believe an ownership claim?
Navigation
[0] Message Index
[#] Next page
Go to full version