ELI Forums > Higbee Associates Letter & Lawsuits Forum
Sample replies? Best course of action to take?
The-Gobbler:
Well, I'll gamble then. The photographer is Jason Langley from "Reciprocity Images"
The lawfirm is "Higbee Associates"
I can't remember exactly what the image was - a very generic landscape with mountains. There's no way it was taken from his site, most likely it was taken from some other site that may or may not even exist any more.
Robert Krausankas (BuddhaPi):
search the copyright office database, see if the image is registered, if not they have 3 months from the date of the letter to properly register it, lest they will never collect very much IF they file a suit against you.. Also look to see what this images usually sells for, is that price inline to what they are demanding? I don't think I would respond the way you are thinking, browse the forum, there are some good examples of ways to respond, that will not put you in a bad light, but will make them think twice about following through.
The-Gobbler:
Interesting, thanks! There's no question this alleged image is correctly copyrighted, they sent me all kinds of crap proving it. Now, given that it's a fairly generic looking image of mountains I've seen photographed 100 times I find their proof that it's actually a match to be potentially dubious. Furthermore, the only proof they have is a screenshot of my site which isn't exactly proof of anything since a screenshot is easily faked....
I've replied honestly, explaining that I have no idea where the image came from, that even though there really isn't any proof of their claim I've removed it in good faith.
I guess my next question is ... what happens if they actually do sue me? Should I drop the $200 for a letter from you guys? I mean, I'd much rather pay you than settle with these clowns but if shit hits the fan, then what?
Matthew Chan:
If you get a lawsuit filed against you, Oscar Michelen's Defense Letter Program is no longer applicable. If you are risk averse and don't like the idea of the potential exposure, the time to do is BEFORE a lawsuit is filed.
As I have said repeatedly, with some notable exceptions, the chance of a lawsuit is low. However, there are people who still aren't comfortable with that "low" chance in which case, spending the money might be worthwhile.
--- Quote from: The-Gobbler on September 12, 2014, 12:54:46 PM ---I guess my next question is ... what happens if they actually do sue me? Should I drop the $200 for a letter from you guys? I mean, I'd much rather pay you than settle with these clowns but if shit hits the fan, then what?
--- End quote ---
lucia:
The-Gobbler,
Removing the image was wise. That's a good first step whether or not you infringed. As for how likely this guy is to pursue litigation: I have no idea. I haven't heard any history of this particular copyright owner. So it's hard to guess.
--- Quote from: The-Gobbler on September 12, 2014, 12:54:46 PM ---Interesting, thanks! There's no question this alleged image is correctly copyrighted, they sent me all kinds of crap proving it. Now, given that it's a fairly generic looking image of mountains I've seen photographed 100 times I find their proof that it's actually a match to be potentially dubious. Furthermore, the only proof they have is a screenshot of my site which isn't exactly proof of anything since a screenshot is easily faked....
I've replied honestly, explaining that I have no idea where the image came from, that even though there really isn't any proof of their claim I've removed it in good faith.
I guess my next question is ... what happens if they actually do sue me? Should I drop the $200 for a letter from you guys? I mean, I'd much rather pay you than settle with these clowns but if shit hits the fan, then what?
--- End quote ---
First, that depends: I can't tell from your letter if your server was hosting the image or if it was hotlinked form another server. This is very important. Do you know?
I'd write other things-- but actually, right now based on what you wrote, unless you hotlinked, you seem to be in a somewhat perilous position. It seems this image is registered, the photographer is a professional photographer, he is pursuing you on his own dime and he's already got a legal counsel. Chances that he sue you? I haven't heard of this guy -- so it's hard to guess. My guess is the chance he'll sue is much higher than Getty Images suing you. If he does, the question them becomes could he win? And how much could he win? Well, it sounds like there's a lot not revealed in your post-- that said, there is enough to suggest the copyright owner could win at least $200-- the statutory minimum. After all the image is registered. It's a better bet to assume he could win at least $750-- especially if you can't prove your infringement is 'innocent'. Other factors: Are you a business? How was the image used and so on? Do you have evidence the images was listed on a creative commons site... and so on? Did the copyright owner put the image on the creative commons site? And so on.
On the other hand: if you hotlinked, you would be free and clear. So... did you host this image on a server you own or whose content you control? Or was it hotlinked from someone else's server?
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version