Messages

1

Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: October 02, 2018, 11:59:50 AM »

If this was and case... and it's not there would have no reason for this:
GETTY AND GOOGLE REACH SETTLEMENT—SAY GOODBYE TO ‘VIEW IMAGE’ BUTTON
http://resourcemagonline.com/2018/02/getty-and-google-reach-settlement-say-goodbye-to-view-image-button/85921/

Labelling – Google agreed to “mak[e] the copyright disclaimer more prominent” on image results. While this doesn’t stop would-be pilferers from scraping images, it does notify well-meaning individual unaware of copyright law.

It think the self righteous attitude doesn't help people who are dealing with those lawyers.

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: October 02, 2018, 09:47:14 AM »

The problem you expect the normal person to know and understand it and before they had the notice for copy rights it was not clear or understandable for people who don't understand computers or how it works.
There's a reason why it happens so many times.

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: October 01, 2018, 05:39:04 PM »

The case is i found it on the internet without any mentioning of copy rights, i had no way to know it's owned by someone.
This use had no bad intention any Getty image has a watermark, https://www.gettyimages.com/detail/photo/parents-swinging-their-daughter-in-garden-high-res-stock-photography/498626487
The one i'm accused of did not have anything and no right claim, i do not know where google took the photo from but i can't know either.

Also a fair cost of a getty image is 500-600 dollars where is over 3000 is coming from?!

4

Higbee Associates Letter & Lawsuits Forum / Re: Higbee & Associates - Demand Letter and Release Agreement

« on: October 01, 2018, 04:47:46 PM »

This is very helpful since this story seems to be all to familiar to my story, you're just few steps ahead.

I think you are doing the right thing and working on the right direction i just don't believe they want to have a "fair" deal.

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: October 01, 2018, 04:37:49 PM »

David,
First of all you are not helping, i did not write this post to get "lesson of the day" from you.

I'm posting here to ask to assistance with lawyers that are trying to squeeze money from me in dishonest ways.

6

Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: September 28, 2018, 10:39:57 AM »

Generally speaking we here advise to not contact anybody directly, as you can easily state something that could come back and bite you, however, since you pretty much admitted to using the image without a license, it probably doesn't matter at this point..( since we all know for a fact that Higbee and others frequent these forums)..i doubt contacting them will yield the desired results, at the end of the day, the artist wants to be paid and higbee wants to be paid..

I didn't admit to do anything since it's not me that created the file.
As everyone in this forum if they get contacted with an email or letter they have a screenshot of the violation. No one used this image knowingly without a license and who ever created the file found it on google images and not in a certain place, at the time of the creation google did not still note anything about copyrights.

I definitely think i have an argument here.

7

Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: September 27, 2018, 05:45:04 PM »

Since you are the guy that making money out of stuff like that i don't expect you to agree with me.

You are missing the point, the have only a presentation with the photo. No proof it was on the website only showing a link.
All i'm saying this is a presentation that was not shared in public and i'm willing to pay a small fine of few hundreds dollars for the use but not 3000.

Also a judge won't award them that money so fast either but i just don't want to drag this too much.

The main question is should i contact them and negotiate, someone from higbee called once left no name and said they will call again which they never did.

8

Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: September 27, 2018, 03:33:06 PM »

No one said they had no grounds, this i was done in an innocent way.
First of all to ask for $3000 is outrageous, if they were asking for $300 i would think there's something to talk about but asking for this amount like we used it knowingly while stealing someone else work is just not true.
Those blood sucking lawyer treat this matter like this was some kind of armed robbery while this was an innocent mistake of someone who does not understand that taking a picture from the internet isn't really free and coming without warning to claim i owe them money.

What is $3000 is based on? why it's not 2300 or 5000 or 350? is this pure speculation.

9

Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: September 27, 2018, 08:01:55 AM »

The picture was used only in a single PDF to portray a scenario we solve, that's all.
It was not intentional infringement try to paint us as something we're not using someone else picture or using it to any benefit.

It matters that it's not in the website and in a pdf because it was not "stolen" to be used in a public platform where we use it to our benefit in my mind.

10

Higbee Associates Letter & Lawsuits Forum / Re: Higbee, PicRights and AFP for photo inside a PDF

« on: September 26, 2018, 07:19:34 PM »

Hi Matthew,

Thank you for detailed answer, i appreciate the time and would love to hear others as well.

I agree and i feel the same the fact the screenshots don't actually show anything other than a page with a link made me the major "punch" of the case is missing although they have the presentation that showing the image.
The image was used is of a man jumping a fence, nothing that was done intentionally and definitely does not benefit us commercially.

If they asked for $500 i would let it go but at over $3000 i think it's outrageous for something that does not even show on our website.
What do you suggest by fighting back? i don't might the back and forward but spending on a lawyer more than the cost of the claim would be missing the point.

11

Higbee Associates Letter & Lawsuits Forum / Higbee, PicRights and AFP for photo inside a PDF

« on: September 26, 2018, 04:01:04 PM »

So my case is a little different.

I started getting from AFP and now Higbee claims on a picture that was inside a PDF that was on the site.
They have no screenshots of the picture ever been on the website since it was never was. It was only inside a document linked from the website.

The PDF presentation file mentioned in the claim was linked from the website.
If you go to the claim they have link to a PDF that has the image but is not related to the website. This PDF was removed from the website a long time ago and is no shared.

Also might worth to note the company that built the website and the main company (we are a US sister company with the same name) is from outside the US.

Another thing i forgot is to mention they say it's a "commercial use in a pdf/presentation" and asking for $3200