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Author Topic: Got Higbee letter today  (Read 1291 times)

u128245

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Got Higbee letter today
« on: September 07, 2018, 08:26:32 PM »
Been dealing with this PicRights nonsense for almost 2 years now, now I get today a letter from this apparently slimy Higbee firm that I've seen a number of comments about.     No way am I paying their claimed $1800.     I don't believe I even inadvertently took anyone's copyrighted photo, but took down a similar looking photo that I had way back on my very small website.     I called this firm just now to tell them to stop sending these harassing letters, and of course they gave me the 'we will settle for $1000' routine.    Then I hung up --- I probably shouldn't have even bothered calling in the first place.    For the time being doing nothing.

Ethan Seven

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Re: Got Higbee letter today
« Reply #1 on: September 08, 2018, 01:09:18 AM »
Whatever you think about Higbee, I doubt they are reckless enough to pursue a claim after they knew it had no merit. They have too much to lose. Did you tell them that the image you used was not the one belonging to their client?  Did they show you a screenshot or some evidence of your using their client’s image?
E
If they got it wrong, email them and let them know.  I would not tell them anything else, but that you think the image you used is not the one you used.  If they continue to pursue it, let me know.

Do not pay a thing or talk about anything else until they prove you used their image.
« Last Edit: September 08, 2018, 01:17:50 AM by Ethan Seven »
Even if I am a lawyer, I am not your lawyer.  Copyright matters can have serious consequences.  If you have assets worth protecting, consult a lawyer who is familiar with copyright law and who can review the facts of your case. If you cannot afford one, call your state or county bar association.

Matthew Chan

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Re: Got Higbee letter today
« Reply #2 on: September 08, 2018, 06:06:36 PM »
I oppose the idea of impromptu phone calls. You could say or reveal things you shouldn't. I believe in utilizing well thought out written communications to convey your issues of concern.

Been dealing with this PicRights nonsense for almost 2 years now, now I get today a letter from this apparently slimy Higbee firm that I've seen a number of comments about.     No way am I paying their claimed $1800.     I don't believe I even inadvertently took anyone's copyrighted photo, but took down a similar looking photo that I had way back on my very small website.     I called this firm just now to tell them to stop sending these harassing letters, and of course they gave me the 'we will settle for $1000' routine.    Then I hung up --- I probably shouldn't have even bothered calling in the first place.    For the time being doing nothing.
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.

u128245

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Re: Got Higbee letter today
« Reply #3 on: September 09, 2018, 10:14:09 PM »
Bottom line is this; I have my lowly little website for which I attempted to start a small tourism business, that never really got off the ground.     I took down today every single image just to make sure there's nothing possible still there, aside from the specific image in question.     Got the Higbee letter asking for $1800, they said they would settle for $1000 before I hung up on them.    I'm tempted to simply ignore these slimy folks for now.    Seems like some are saying it is unlikely they would pursue something more against 'small fry' like me for one stupid questionable image.    Opinions on that?

Matthew Chan

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Re: Got Higbee letter today
« Reply #4 on: September 09, 2018, 11:52:32 PM »
Ethan Seven gave a good concise and sound answer that closely matches my thoughts:

Whatever you think about Higbee, I doubt they are reckless enough to pursue a claim after they knew it had no merit. They have too much to lose. Did you tell them that the image you used was not the one belonging to their client?  Did they show you a screenshot or some evidence of your using their client’s image?

If they got it wrong, email them and let them know.  I would not tell them anything else, but that you think the image you used is not the one you used. Do not pay a thing or talk about anything else until they prove you used their image.


Bottom line is this; I have my lowly little website for which I attempted to start a small tourism business, that never really got off the ground.     I took down today every single image just to make sure there's nothing possible still there, aside from the specific image in question.     Got the Higbee letter asking for $1800, they said they would settle for $1000 before I hung up on them.    I'm tempted to simply ignore these slimy folks for now.    Seems like some are saying it is unlikely they would pursue something more against 'small fry' like me for one stupid questionable image.    Opinions on that?
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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