ELI Forums > Higbee Associates Letter & Lawsuits Forum
Judge Awarded Higbee & Associates $48,000 for Use of 1 Photo!!!
clist:
--- Quote from: Ethan Seven on May 29, 2018, 03:44:21 PM ---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)
--- End quote ---
Agreed.
Everyone who receives a demand letter should definitely take it seriously and get educated.
Ethan Seven:
I read the complaint and it was pretty vanilla, insofar as nothing jumped out as to why the judge awarded $48,000 for the use of one image, other than the copyright holder and plaintiff was an established photographer and Higbee claimed the use constituted willful infringement for commercial benefit.
The picture was a photo of Cher. It was used for editorial purposes on the web site www.fashionilluminati.com
From Higbee & Associate’s 8 page complaint, which was electronically signed by Mathew Higbee:
“10. ... Michael Grecco is an award-winning commercial photographer and film director noted for his iconic celebrity portraits, innovative magazine covers, editorial images and advertising spreads...”
“19. Plaintiff is informed and believes that Defendant used Plaintiff’s copyrighted image without permission... for commercial benefit...”
“20. On information and belief, Defendant’s use of the image was deliberate and willful.”
A couple more things stood out:
1. They named the business and the business owner personally.
2. They filed it in Nevada and not in California or New York, where the plaintiff has studios. Nevada and California are both 9th Circuit courts, so there might not be too much to this; especially since according to Higbee’s twitter and web site, they have offices in both states.
I will go through the motion for default judgment when I get a chance.
Joan X:
Thank you for the very thoughtful and detailed responses. I am very grateful for the encouragement and different point of views... you helped me get through a very stressful few days!!!
I made an appointment for a phone consultation with an attorney who does intellectual property law. I emailed him copies of the information I received from The Law Firm of Higbee & Associates. I also sent him some exerts from this forum. So far, I am $175 into it. But I feel better just knowing I have a course of action.
I am looking forward to not having to think about copyright law, demand letters or law suits. Again, thank you!!!
kingkendall:
@ Joan X
It sure sounds to my like your leaning toward coughing up some cash to a copyright troll. If it helps you sleep at night, that's fine and up to you. But, if you go that route in light of the fact the chances of you actually getting sued is extremely small, the you become exactly what Higbee and other trolls are in business for, snatching up the "low hanging fruit." Also consider this. If you do settle without getting a summons and complaint filed against you in a federal court, you don't think other copyright trolls won't notice and send other demand letters your way?
Robert Krausankas (BuddhaPi):
not to mention, most lawyers will suggest you pay them to avoid a lawsuit.
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