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Author Topic: Just got a letter from Higbee  (Read 535 times)

Dills

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Just got a letter from Higbee
« on: February 05, 2019, 10:27:39 PM »
I just discovered this forum today so I'm still pretty new to all of this. Yesterday I received a letter from Higbee Associates informing me that I was in violation of using a copyright image a few times in a blog post I made back in 2016. They asked for about $50k to settle. A little about my site: It's never been incorporated as a business and is a pretty small affair overall. In total I've made like $100 from ads over the years but that is definitely not a profit when considering facebook promotion, URL registration, and getting the wordpress tools. I was pretty green back then, mostly doing stories about cute animals, endangered species, or neat scientific breakthroughs...pretty light and feel good. I haven't updated in quite some time, almost a year I think. Anyway this has me pretty freaked out. I have about $60 in my bank account and virtually nothing in my name (no car or house). I really don't know what to do and I'd like to stop panicking. Any advise would be appreciated. 

Matthew Chan

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Re: Just got a letter from Higbee
« Reply #1 on: February 06, 2019, 12:03:12 AM »
$50K for one image? Are you sure about that? I have never heard of anyone demanding this much for one image.

Start reading this forum and you will get an idea of how this scheme works.

I just discovered this forum today so I'm still pretty new to all of this. Yesterday I received a letter from Higbee Associates informing me that I was in violation of using a copyright image a few times in a blog post I made back in 2016. They asked for about $50k to settle. A little about my site: It's never been incorporated as a business and is a pretty small affair overall. In total I've made like $100 from ads over the years but that is definitely not a profit when considering facebook promotion, URL registration, and getting the wordpress tools. I was pretty green back then, mostly doing stories about cute animals, endangered species, or neat scientific breakthroughs...pretty light and feel good. I haven't updated in quite some time, almost a year I think. Anyway this has me pretty freaked out. I have about $60 in my bank account and virtually nothing in my name (no car or house). I really don't know what to do and I'd like to stop panicking. Any advise would be appreciated.
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.

Dills

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Re: Just got a letter from Higbee
« Reply #2 on: February 07, 2019, 02:14:50 PM »
Okay so I've done some digging and I guess what it all boils down to is this question: Should I reach out to Higbee before they formally sue me to try and explain my situation or would that just guarantee they'll pursue legal action? Right now I'm just kind of hoping they realize I have nothing for them to take and just go away on their own but would it be better to reach out to them first? The waiting is taking years off my life.

Thanks again.

Robert Krausankas (BuddhaPi)

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Re: Just got a letter from Higbee
« Reply #3 on: February 07, 2019, 06:33:08 PM »
don't contact them it will only egg them on, it's useless..you will be pissing in the wind... yup this is going to take years off your life...3 yrs to be exact, the statute of limitations..
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..

Dills

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Re: Just got a letter from Higbee
« Reply #4 on: February 07, 2019, 07:49:10 PM »
Wait did you say three years? The image I'm being sued for was registered Dec. 17, 2013. Or does it go based on when I posted the image, Aug. 1, 2016? Or is it perhaps when the claim is issued?
« Last Edit: February 07, 2019, 07:53:48 PM by Dills »

Robert Krausankas (BuddhaPi)

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Re: Just got a letter from Higbee
« Reply #5 on: February 08, 2019, 07:18:05 AM »
3yrs from time of discovery...in other words use the date of the first letter you received..3 yrs from then..
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..

Dills

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Re: Just got a letter from Higbee
« Reply #6 on: February 11, 2019, 04:28:17 PM »
Update. They've now starting calling and emailing me saying they want to resolve this in two weeks or they'll pursue legal action. I'm not sure what to do but I haven't contacted them yet.

kingkendall

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Re: Just got a letter from Higbee
« Reply #7 on: February 12, 2019, 01:36:19 PM »
They're trying to scare you into sending them money.  That's the game. 

 

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