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Author Topic: I got a letter from Highbee but I live outside the USA  (Read 1125 times)

elmo417

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I got a letter from Highbee but I live outside the USA
« on: September 21, 2018, 12:59:08 PM »
I live in Guatemala, and got a letter from Highbee about the copyright usage of an image. I have not a US physical address, and got the notification via email. How would this claim work? Would it apply as well?
My blog is in Spanish and the image was taken out of a local news site. The post on my website refers to this news website. For my bad luck, this news website is no longer active.

UnfairlyTargeted

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Re: I got a letter from Highbee but I live outside the USA
« Reply #1 on: September 24, 2018, 12:32:52 PM »
They can't do anything to you.  Personally, I wouldn't even take the image down in this case. Waste as much of Higbee and the photographer's time and money as possible.  Let them prove to you that the image is actually one they own and that you used it in a way that isn't allowed.

OrangeGuy

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Re: I got a letter from Highbee but I live outside the USA
« Reply #2 on: September 25, 2018, 02:11:34 PM »
Seems like it would be a pain to collect from you, from their perspective. I'd take the image down. Not sure if you'd need to hire a lawyer or not.

Matthew Chan

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Re: I got a letter from Highbee but I live outside the USA
« Reply #3 on: September 25, 2018, 06:59:35 PM »
Well, let me be clear here. YOU (UnfairlyTargeted) might not want to take the image down and that is YOUR perogative.  But for everyone else who is NOT looking to escalate matters and do the right thing, people need to ignore what you just wrote.

Take down the fucking image unless it is an image you personally created. Being ignorant prior to letter notification is one thing.  Intentionally or willfully infringing after being notified is not something ANYONE in the core ELI team would every condone or support.

If one wants to do this sort of nonsensical thing, then NO ONE in the core ELI team will ever stand up or support you. We also do not want you here if that is YOUR message to others. It absolutely undermines what ELI is all about.

Just because we strongly assist unintentional or careless infringers in their situations does not mean we are going to espouse or endorse piracy or malicious and willful infringements.

I am not supportive of repeated offenders. We do encounter the occasional repeat offender who seem to get MANY demand letters. That is being careless and not exercising care.

UnfairlyTargeted, it is clear you have anger over whatever your case is about but your "advice" about leaving an image up is absolutely reckless, irresponsible, and crosses the line. It aggravates the situation of any demand letter recipient. I am generally pretty tolerant in letting people express their anger and frustrations but if you are going to start telling everyone to intentionally and willfully leave up images AFTER begin letter-notified because it makes you feel better, then I would suggest you take your message elsewhere.

You are not helping the ELI cause. You are hurting it by saying such things.

They can't do anything to you.  Personally, I wouldn't even take the image down in this case. Waste as much of Higbee and the photographer's time and money as possible.  Let them prove to you that the image is actually one they own and that you used it in a way that isn't allowed.
« Last Edit: September 25, 2018, 07:03:51 PM by Matthew Chan »
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.

Ethan Seven

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Re: I got a letter from Highbee but I live outside the USA
« Reply #4 on: September 27, 2018, 12:48:56 AM »
My guess is that Higbee does not know you are out of the US, especially if they have only communicated with you via email.

UnfairlyTargeted is a steady stream of horrible advice.  It is reckless and constant, despite continuous correction and coaching.  Unless someone views him as comic relief, he hurts the credibility of this site.  He may mean well, but he needs a disclaimer or giant asterisk by his posts.
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.

Robert Krausankas (BuddhaPi)

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Re: I got a letter from Highbee but I live outside the USA
« Reply #5 on: September 27, 2018, 11:07:23 AM »
My guess is that Higbee does not know you are out of the US, especially if they have only communicated with you via email.

UnfairlyTargeted is a steady stream of horrible advice.  It is reckless and constant, despite continuous correction and coaching.  Unless someone views him as comic relief, he hurts the credibility of this site.  He may mean well, but he needs a disclaimer or giant asterisk by his posts.

while adding the asterisk, can we have a like button??
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Robert Krausankas (BuddhaPi)

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Re: I got a letter from Highbee but I live outside the USA
« Reply #6 on: September 27, 2018, 11:16:00 AM »
My guess is that Higbee does not know you are out of the US, especially if they have only communicated with you via email.

Rest assured Higbee now knows, since he is reading the forums...

https://www.extortionletterinfo.com/forum/higbee-letter-lawsuits-forum/mathew-higbee-emails-matthew-chan/
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Matthew Chan

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Re: I got a letter from Highbee but I live outside the USA
« Reply #7 on: September 27, 2018, 03:40:06 PM »
I try to be fair to everyone and let everyone post their opinions and ideas even if I don't necessarily agree or endorse them. But once in a great while, someone hits a sore point by crossing the line.  Some people think ELI is just a free-for-all and that is not entirely true.

IN the 10 years ELI has been in existence, it has never been in dispute that when there is a demand letter/notification about an infringed imaged, the very first thing is to just remove the image to assess the situation and the validity of the claim. This is a matter of principle, not just a legal matter.

It is difficult to claim ignorance on not being willful if you INTENTIONALLY leave it up after getting a demand letter. It inflames and aggravates the situation, period end of story.

UT has the right to have his belief and share "his message" but no one is going to constantly "clean up" after his posts on ELI. I would rather have someone just leave ELI if that is the case.

UT is more than welcome to stay on ELI but he should reconsider if he is a good fit here if he continues to espouse unwise rants and "advice". Sort of like some photographers who have occasionally tried to jump here into ELI. Many are not a good fit here on ELI.

For example, DavidvGoliath seems to be a photographer and does a good job fitting into ELI. He is able to respectfully state his positions and opinions from a photographer perspective but also engage and consider the larger fabric of discussion.

You and other legal minds have also done a good job integrating your voices into the larger fabric of ELI discussion.  The collective intelligence here improves when people are able to integrate into the larger discussions.

I haven't quite figured out if UT "gets" ELI yet but maybe he will be more thoughtful going forward and not be so reckless.

UnfairlyTargeted is a steady stream of horrible advice.  It is reckless and constant, despite continuous correction and coaching.  Unless someone views him as comic relief, he hurts the credibility of this site.  He may mean well, but he needs a disclaimer or giant asterisk by his posts.
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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