ELI Forums > Higbee Associates Letter & Lawsuits Forum
Judge Awarded Higbee & Associates $48,000 for Use of 1 Photo!!!
kingkendall:
Getting a default judgement is nothing Higbee can crow about. It just means the defendant didn't respond to getting served court papers in the lawsuit. Notice how Higbee didn't say it was a default judgment in he tweet. He does mention $48,000 though and that is meant to scare the timid into paying up. It's all part of his scare tactics.
kingkendall:
--- Quote ---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.
--- End quote ---
If this doesn't sound like it was written by a lawyer for Higbbe and Assocs, I don't know what does.
Ethan Seven:
I downloaded the complaint that Higbee & Associates filed in the case that resulted in $48,000 judgment. It was Michael Grecco v. Monica Dodge d/b/a Fashion Illuminati. I will write about it later today after I read it.
To your question about the definitions you mentioned that speak to the intent of someone accused of violating copyright law: There are three levels of intent and each come with a very wide range of damages and different burdens of proof. The federal law that governs it sets it forth at 17 U.S. 504
The typical infringement is usually referred to as unintentional. The statutory damages on these claims range from $750 to $35,000.
Section 504(c)(2) describes willful Infringement. The courts typically define it as “the defendant knew or should have known it infringed Plaintiff’s copyrights. Willful copyright infringement does not require a showing of actual knowledge. To prove willfulness, the plaintiffs may show that the infringer had actual or constructive knowledge that it was infringing the plaintiff’s copyright or that the infringer acted in reckless disregard of the ugh probability that it was infringing plaintiff’s copyrights.” Arclightz and Films Pvt. Ltd. v. Video Palace Inc., 303 F. Sup. 2d 356, 361-62.
This site has some good information about the different types of infringement, including innocent infringement, the burdens and available damages:
http://vondranlegal.com/what-is-the-legal-definition-of-willful-copyright-infringement/
A Lawyer:
--- Quote from: kingkendall on May 29, 2018, 02:03:08 PM ---
--- Quote ---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.
--- End quote ---
If this doesn't sound like it was written by a lawyer for Higbbe and Assocs, I don't know what does.
--- End quote ---
HA! Nice observation. Not sure Higbee would be bold enough to post, but who knows. He probably does reads these threads though. I think Ethan Seven's point was that it is incredibly risky to avoid a lawsuit once it's been filed. As was pointed out, it was a default judgment, which certainly makes this situation a bit different than a typical letter or phone call, but still something to consider when deciding how to respond.
Ethan Seven:
Sometimes the obvious needs to be stated. That is what three decades of being in the legal practice will do to you. I do have free time on my hands if Higbee is hiring in south Florida. Though, I may be a little too defendant friendly and old for their crew. 8)
https://www.higbeeassociates.com/about/attorneys/
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