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Author Topic: Higbee Hired by Getty/AFP?  (Read 1327 times)

kdingle

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Higbee Hired by Getty/AFP?
« on: March 27, 2018, 03:39:32 PM »
Pic rights is referring claim to CA based law firm





« Last Edit: March 28, 2018, 06:02:54 PM by kdingle »

Matthew Chan

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Re: Higbee Hired by Getty/AFP?
« Reply #1 on: March 27, 2018, 10:52:23 PM »
When the settlement was $153, you were not "concerned". But because they asked for more, you are now concerned?  How are the "facts" of the case any different? Facts of the case don't change regardless of how much they are asking or who is representing the case. And your defense argument shouldn't change just because the demand increased.

If you want to try to communicate with Picrights, nothing is stopping you from doing so.

Without knowing more, you give me the impression that you had a "defense" argument but not something you are really committed to.  I don't get the feeling you really wanted to settle to begin with.

If you want to settle now, then you will likely have to get smart and then negotiate hard to reduce it. If you are unable or unwilling to negotiate hard, then you can just go dark or bite the bullet and pony up. Negotiating hard means to stand your ground if a reasonable amount is not offered.

I have to say that a $153 settlement is very low amount. I am not saying people should automatically settle and pay but the fact that you dragged your feet, you now have extra work on your hands to negotiate it back down.

Honestly, I don't think there will be a lawsuit especially if you are a small party. AFP tends to go after bigger parties. The fact that they offered $153 as a settlement means they believe you were a "small" infringer. I must tell you, $153 is a heck of a settlement offer.

And Pic Rights likely did not hand off the case to Higbee overnight. You had your chance to jump on the $153 settlement but you sat on it thinking it would go away. It clearly didn't.

In November of 2017 I received an email from Geoff Beal with Pic Rights on behalf of Agence France-Presse. I wrote back claiming lack of proof of interest/ownership since the copyright was for Getty images and attributed to an individual. In addition the blog was a personal use/commentary blog that earns me ZERO income, so I also claimed Fair Use.  I also was hesitant sending money to a company in a different Country. I didn't hear anything until today so I thought I was golden. Now it appears that Higbee and Associates is their US Counsel. I've read all the posts thus far on Higbee. They are now demanding $948 which is the $153 originally requested from Pic Rights coupled with now attorney fees. It wasn't immediately obvious it was the same photo/same client until you go to the client portal. The actual email letter doesn't reference a client at all nor a specific photo. It's the same photo and now the client (once you go to the pay button) is Marion Bigot. This photo in NO way is accredit to a Marion Bigot. If you Google this lady she works for AFP. If you're wondering why I didn't pay the $153 because it struck me as odd to send money to a foreign corporation and I hate these extortion people. I am concerned about this much higher number. I went back to the original "payment" button for the $153.00 claim from Pick Rights but it has now boosted to the same $948.00. Should I attempt to negotiate with attorneys  office or offer to perhaps pay Pics Right people $200 to go away? How for real are this Higbee dudes? Happy to share more.

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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