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Judge Awarded Higbee & Associates $48,000 for Use of 1 Photo!!!

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Joan X:
According to Higbee & Associates twitter account, they just got awarded $48,000 for the use of a single picture.  Is this real???  Can someone who knows how, verify if this is real????  I just went from fretting a little to freaking out.  I am not going to sleep.

Here is the link:  https://twitter.com/higbeecopyright

The document is at https://www.higbeeassociates.com/wp-content/uploads/2018/05/Grecco-45K-Default-Judgment.pdf

I have been ignoring Higbee’s emails and calls, but am now having serious second thoughts.  I could afford to pay one or two thousand dollars, but $48,000 would require me to refinance my house and take money out.   The thought of it makes we want to puke.   Have I screwed myself???  Politicians need to fix this law.

Ethan Seven:
I am 99.9999 percent sure that is a real court order.  I am working off of my iPad and cannot access Pacer, the court web site, to get all of the details.  I will check when I get in the office on Tuesday morning.  Higbee & Associates is a reputable law firm who has too much to lose by posting a fake or altered court order. 

There is no need to puke or lose sleep.  It does not sound like anything has happened to you yet.  You have not “screwed yourself.”

I am  curious about the underlying facts of the case.  I will go through court documents on Tuesday.  But, even without going through them, there are several important things to take away from this:

First, this should remove any doubt that these cases, even involving a single image, can result in significant liability.  There is serious risk in ignoring copyright claims.

Second, do not take advice from anyone who does not know all of the relevant facts of your case, such as how the image was used, who is the copyright holder, what state/circuit the case can be filed in, who the attorney is, what defenses are available or what you have to lose.   It is easy for people to boldly say ignore the claims when it is not their money that is on the line.

Third, even though this is a default judgment, a federal judge evaluated this claim and awarded the copyright holder a lot of money and ordered that the infringer pay Higbee’s attorneys fees.

Fourth, Higbee can use this judgment to support claims for damages in future cases.  This is a good outcome for him and his client, which is probably why it is on Higbee’s Twitter.

Okay, a couple things to keep in mind:

1, this is a default judgment, meaning the defendant did not fight back.  This means the judge only gets one side of the story.  The outcome may have been different if there was an attorney fighting it.

2, the copyright holder was Michael Grecco, who apparently is a very legitimate photographer.  It is easier for Higbee to get a bigger award of damages when the photographer is well established.  He might not be able to get as large of an award of damages with a different copyright holder. 

3, Higbee has a judgment, but he still has to collect the money.   The defendant may never have the ability to pay. The defendant can also negotiate with Higbee to voluntarily pay a reduced amount, instead of making Higbee go through all the work involved in collecting.

Things I wish I knew and might find out when I review the pleadings:

What was the original pre- litigation demand amount, if any?  Based on what I have read on here about Higbee demands, my guess is this case could have been settled for a couple thousand dollars or less.

How was the photo used?

What was the licensing history of the photo? Though, this might not be too relevant as the award of damages was statutory.

Why did the defendant not answer the complaint?

Will the defendant file a motion to set aside the default?

You probably don’t have anything to worry about during the next few days as it is a three day weekend for the courts and most attorneys.  Higbee could theoretically electronically file a lawsuit while th court is closed, but  i imagine that is very unlikely.  You should sleep.  Focus on the fact that you have options and nothing bad has happened yet.  Also, the outcome in this case is not typical.  If it were, Higbee would have a lots of stories about them on his twittter.

Joan X:
I was hoping to hear that it was fake..... but Ihad a feeling it was real.  I appreciate the reply. 

My understanding is that they are less likely to sue people who do not have a lot of money.   Is there a way for Higbee & Associates to tell if I have money???

If I do send them an offer to settle the claim, is it better to do it by phone or email?  My friend’s husband is a lawyer.  Or if i do, would it be smart to have him send it?

icepick:
I haven't looked at the case history but one thing that jumped out at me is it is for 'willful infringement' so they probably left the images up or something equally careless. I don't see it as anything to be alarmed about for people that have facts refuting any willful infringement claim Higbee might make, but that's just my opinion.

Joan X:
Thank you.  That helps. I am pretty sure we removed it the from the page within a few days.  I dont want to go into too much detail.   The definitions i see about unitentional and wilful copyrigth infringement seem to overlap.  Can someone provide some clarity on what these terms mean???

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