Messages

196

Getty Images Letter Forum / Re: PicRights Too

« on: March 07, 2018, 11:58:41 PM »

I generally don't subscribe to saying something you don't mean.  Is your "final offer" really your final offer?  What if they came back with $250? Would you not accept it? If you would accept it, then your "final offer" wasn't so final, was it?

If you stop responding, you should be prepared for additional threats and intimidation. If you don't think you can handle the threats and intimidation, then you should try to settle because if it gets escalated to a lawyer, settlements become more expensive because they want their cut of the money.

And as a practical matter, if you are trying to settle, if you stick with $200, you are almost guaranteed a big fat NO. You need to offer more dollars if you are actually trying to ACTUALLY settle vs. playing around.

And if you are unwilling to go substantially higher, you are basically going to paint yourself into a corner. It will be unsettled and you can expect escalation.

Very few people are going to tell you what to do.  However, we can give you the pros and cons.

I plan to make a final offer of $200, as I figured if a judge decided an innocent infringement occurred for non-commercial use, this is the minimum amount.  I am really tired of messing with this.  I was wondering, though, should I mention that I have received advice from a family member that is an attorney. Would that help or hurt?  And should I mention that this is my final offer, or just stop responding if they don't accept it?  I figured it would eventually go to Higbee, based on what I've read here.

197

Getty Images Letter Forum / Re: Copytrack chasing me

« on: March 07, 2018, 10:44:18 PM »

It is possible the claim amount can always go up but not likely. But if you plan on ignoring it, what does it matter the amount they state? If they raise it high enough, does that mean you will take it seriously?

198

Higbee Associates Letter & Lawsuits Forum / Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit

« on: February 27, 2018, 06:48:26 PM »

You can certainly do whatever you want. I just want to warn people that ROR is an unforgiving place. I know how ROR operates, more than most people. It is not a place I recommend.

With all due respect, I disagree with your assessment of Ripoff Report.  I think it's an excellent tactic for dealing with trolls, especially small-time ones.  They have to PROVE who posted the reports, and likely they've trolled many different victims.  Trolls don't play by rules.  Thus, I see no reason why I should either.  In case it wasn't clear, I am firmly in the never pay category.  Anyone sending me a letter can pound sand.

199

Higbee Associates Letter & Lawsuits Forum / Re: Higbee Article: Some Interesting Behind-the-Scene Info

« on: February 26, 2018, 10:38:19 AM »

Very good find indeed. I don't think I heard of Copypants before. However, according to the article, it was only 2016 when Copypants and Higbee "partnered" up.

This paragraph is informative. It explains the often-hidden commission split.

In the Higbee firm’s letters, the payment demands to infringers can vary based on a number of factors, with licensing fees ranging between $750 and a “couple hundred thousand dollars,” says Higbee. The firm generally charges Copypants users 50% of any trial award or settlement and charges them nothing if they’re not successful. Copypants gets 10% of the settlement amount as a referral fee, Nicholas Mackenzie, a marketing strategist at the company, said in an email.

Higbee gets 50% of the take with Copypants.  I have always been conservative in my estimation of what lawyers and law firms like Higbee get. I usually say 30%-35% (essentially 1/3) because that is how many contingency agreements work.  But 50% commission for Higbee? Wow.

Let's work through the math. Copypants has a hypothetical $1,000 claim.  But for whatever reason, it escalates to Higbee. He prices it at $5,000 but the target negotiates it down to $2,000.

Using that scenario, Higbee gets a cool 50% off the top ($1,000). Copypants gets their 10% as a "referral fee" which is $200. Those two fees add up to 60% ($1,200).  This leaves 40% ($800) for the photographer/artist.  With the Copypants/Higbee/photographer scenario, it is a 10/50/40 split. Higbee gets the lion's share of the settlement.

And the whole $750 as the "minimum" settlement for Higbee. That is also bogus. I have heard of a few settlements that go below that in some cases.

The article also states:

"Pixsy, with offices in California, Europe, and Australia, works with about 26 different law firms around the world to represent its roughly 22,000 users, says chief operating officer Kain Jones. The company offers similar pricing to Copypants."

There is a nice link to the details of PicScout which Getty Images bought for $20 million in 2011. https://www.bizjournals.com/seattle/blog/techflash/2011/04/getty-images-buys-picscout-for-20m.html

This is another nice informative research paper that I need to read more carefully. It is called "Copyright Infringement in the Market for Digital Images" by Hong Luo and Julie Holland Mortimer. I will probably dissect this paper in a separate post. There are some goodies in this paper.

http://www.hbs.edu/faculty/Publication%20Files/Luo_Hong_J02_Copyright%20Infridgement%20in%20the%20Market%20for%20Digital%20Images_ef25bac9-6125-461d-9adf-9ace58536bcc.pdf

200

Higbee Associates Letter & Lawsuits Forum / New RM Media Ltd / Nick Youngson Websites: WeBuyPics.com & AlphaStockImages.com

« on: February 23, 2018, 07:49:56 PM »

Well, it looks like Nick Youngson's honeypot operation will continue to grow.  Visit http://webuypics.com and http://AlphaStockImages.com.

Read this blurb from webuypics.com:

Sell Us Your Unused Pictures
Do you have high quality commercial pictures that you have never used, maybe left over from a shoot, where you have used a few of the images but the rest are just stored in your files never having been used then sell them to us and turn them into cash.

We buy pictures where we recognize they might have a commercial value and we offer them through our web site AlphaStockImages.com.

Ideally we are looking for pictures that have never been published, we wish to buy the copyright in the pictures so you need to be the copyright owner and be free to sell it.

To check if your pictures have a commercial value simply send them to us ideally resized to 800px wide with or without a watermark in a zip file and we will get back to you.


Gee, he wants to buy the copyright.  I wonder why?   Maybe to send out more extortion letters over new $10 images? He must be doing pretty well to be able to acquire new images from other folks.  I guess we can expect to one day see extortion letters from Higbee on behalf of "Alpha Stock Images".

201

Higbee Associates Letter & Lawsuits Forum / Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit

« on: February 23, 2018, 04:18:34 PM »

So, what defendants need to make note of is that Nick Youngson's/RM Media's "website disclosures" only occurred recently. I am not sure when he actually placed such disclosures but it is an important date/milestone.

There will be cases "BEFORE the DISCLOSURES" and "AFTER the DISCLOSURES". Every RM Media victim needs to make a notation of where they fall into this.  I think any reasonable person or court would see "creative-commons-images.com" and be easily confused by it.

And whatever disclosures he has made now was NOT done because he is being a "nice guy". It is because there are MANY victims falling into this "Creative Commons Images" HONEYPOT over $10 images. But somehow they become magically valued at thousands of dollars when it gets to the Higbee firms hot little hands.  It is fucking outrageous and it just keeps continuing.

..I recently visited one of his websites and immediately noticed that it had been "updated" and now displays the attribution requirement at the top of the page... 

While this change will probably mean less bees being trapped in the honeypot, as long as his images are still ranking in Google for "Creative commons images", there will be more victims...

202

Higbee Associates Letter & Lawsuits Forum / Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit

« on: February 23, 2018, 04:09:40 PM »

I know you mean well but I strong recommend AGAINST posting anything on the Ripoff Report. The reason why is that many people in a fit of anger and frustration have made some ill-advised posts on ROR.  ROR has a relentless policy to not remove anything.There have been many people with "writers remorse" on ROR.

If people have something honest to say in good faith, I believe posting on the ELI Forums is the best and safest place.  You can retract or edit your statement if you want or need to. 

People look out for each other here. On ROR, you have no idea what you might get yourself into.

Has anyone created a Ripoff Report for this guy?  I'd recommend anyone contacted by an individual photographer troll create one.  It hurts them right on their bottom line.  It's amazing how quickly they back off when their business is ruined by some horrible reviews of their photography business right at the top of their Google results.

203

Higbee Associates Letter & Lawsuits Forum / Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit

« on: February 22, 2018, 03:14:28 PM »

Very interesting indeed. It looks like the disgusting Nick Youngson Honey Pot scheme will continue to expand and ensnare more victims.

Might be old news but didn’t see it mentioned elsewhere, looks like Youngson & RM have gotten other people involved. No idea who they are or if they are also in England. http://rmmedia.ltd.uk

204

Higbee Associates Letter & Lawsuits Forum / Re: A new twist on Higbee

« on: February 22, 2018, 03:11:51 PM »

There is something you can do about it. You can negotiate and settle it.

I don't know your lawyer but I find many lawyers to be very uninformed in the arena that we cover on ELI. However, your lawyer's opinions are largely on the mark. But ultimately, YOU have to live with it. It comes down to your personality and risk tolerance.

Another thing.... EVERYONE pays when going through this BS.  Everyone gets to choose HOW they pay it. Some "pay" by toughing it out the 3 years. It is inexpensive monetarily but has some collateral effects as indicated by your stress. Others prefer to give up some money, for the peace of mind and closure.

People seem to think having more money and assets helps them in these cases. Actually, having more money and assets makes you more vulnerable to lawsuits.  People don't file lawsuits against broke people. There is nothing to collect.

You claim you can't do anything about it. That isn't true. You can. There is PLENTY you can do. You just may don't like what you have to do.

Even the choice of sitting in a dark corner is an option. You just have to be prepared to accept the direct and indirect consequences.

I don't know about living life like I was before - this thing has been eating me up with worry and stress.

Still, I feel like the school bully is waiting for me out on the playground to beat me up and there's nothing I can do about it.

205

Higbee Associates Letter & Lawsuits Forum / Re: Higbee filed complaint, now what?

« on: February 22, 2018, 02:57:46 PM »

LOL! Yes, I remember our friend who was determined to beat the case by sheer avoidance!  It worked because he understood the basic mechanics of a lawsuit! It was a pretty funny story.

You can still contact Oscar, he is admitted in other states and he also has many lawyer friends around the country that can get him in if need be.....In the meantime don't answer the door, change your daily habits, or maybe go an extended vacation somewhere.. One of our older/veteran user never left the house of answered his door for a long time to avoid being served,  the process server got fed up and left the paperwork on the doorstep, which in effect killed the case, as it wasn't properly "served" even though the guy was looking out the window at the deputy that was there to serve him.

206

Getty Images Letter Forum / Re: another copytrack letter

« on: February 22, 2018, 02:52:55 PM »

I also found the Copytrack and the crypto-currency thing to be suspect. As far as I can see, Copytrack seems to go after non-U.S. targets and largely relies on people's legal ignorance. Not much more that I have seen thus far.

I've since learned that Copytrack are going into the crypto-currency business too, which is somewhat hysterical! When it's all over I'll be writing a blog post of my experience, to help try and stop this type of exploitation. If a copyright holder wants to go after someone who's breached their copyright, then fair enough - but these companies that use scare tactics and shout-off excessive "fines" and threaten with "debt collectors" should be make illegal, imho

207

Getty Images Letter Forum / Re: Agence France Presse

« on: February 22, 2018, 02:50:10 PM »

Yes, that is a new twist.  PicRights is now going to Higbee & Associates for help on an Agence France Presse image.

Absent more information, the problem I see with this claim is that it implies an image has dual-ownership between PicRights and Agence France Presse? I am skeptical. 

IF THERE WAS a lawsuit, I think Agence France Presse would be the copyright owner.  I am not sure PicRights has any real legal standing in a hypothetical lawsuit beyond being an agent hired to tried to collect money.

We received emails and letters from Pic Rights on behalf of Agence France Presse claiming that a blog post on our website included a copyrighted photo.  The post in question was a reprint that we had purchased from Commpro Magazine.  We ignored them.  Now this past Friday, we received a letter from Higbee & Associates claiming to represent both Agence France Presse and Pic Rights demanding 1500 or a lawsuit

208

Getty Images Letter Forum / Re: PicRights.com

« on: February 22, 2018, 01:46:32 PM »

You did a great job here resolving your own case.  I have to keep reminding people that the printed amount is almost never the settlement amount. However, it does take a certain gumption and determination to fight back and contest the amount. And you did your research on the image in question.

In my view, a negotiated $300 settlement isn't bad at all. Kudos to you for handling it to a reasonable resolution.

I received a letter from Picrights.  It was in regards to an image I used on my website.  I did some research and I indeed used an image that was copyrighted by Getty.  I took the image down and Picrights wanted $600 to settle the unauthorized use of the image.  After doing some research, I discovered the image in question was being sold for $175 on Getty's site.  I wrote a nice email stating the $600 was too high. They countered back at $450.  I offered $300 after showing them the image was being sold for $175 and they accepted.  The emails were cordial and they were very cooperative.  Prior to replying to them, I received 3 emails, followed by a physical letter.  I paid the amount and avoided any future headaches.

209

Getty Images Letter Forum / Re: PicRights.com

« on: February 22, 2018, 01:44:04 PM »

It is entirely possible that website owners can more than one extortion letter. It can come from different parties.  But it can sometimes come from the same party.

This is why when people receive even one extortion letter, they need to take that as a good warning and go to their websites and CLEAN IT UP of ANY images that come from undocumented or questionable sources.

Why would you suspect they would go for 2,3 or 4? I used one image without paying and I made it right by paying for the 6 years of use. Considering I paid $125 more than what the image is selling for I’m comfortable with that. By you saying this will not go to court, are you suggesting that it’s Ok to use someone else’s work and not compensate them for it?

210

Getty Images Letter Forum / Re: Can copytrack enforce legal procedures

« on: February 22, 2018, 01:39:15 PM »

That is the crux of the problem with many people. We provide a lot of good free information here but many people are psychologically unequipped to deal with this type of conflict.  I often tell people, if they cannot emotionally cope with the stress and uncertainty of all this, then you should negotiate to settle. The inability to control your mind and stress levels can be every expensive.

So far, we have not seen any indication that Copytrack or its clients have taken legal action. But obviously that is not a 100% guarantee.  But even if they did take legal actions, it doesn't mean it is catastrophic.  It is simply inconvenient.

As far as I have seen, 99% of all these claims NEVER go to lawsuit. It either gets settled or unpursued.

I won't talk anymore with them, I already gave my statement. But their mails are affecting my mind. Can you suggest what to do?

P.s. when I searched for the image in Google, my website is not the only one to use it. There were more than 100 photos that were used by other blogs. So, are they suing them all?