I find your post interesting regarding the fact that you received a letter from Sanders Law on behalf of RM Media Ltd. (aka Nick Youngson), owner of his gotcha, honeypot websites.
It tells me he is spreading his butter between at least two operations: Higbee and Sanders Law.
Regarding the lawsuit situation, most cases have no lawsuits. And the very few that do end up in settlements. They rarely go all the way.
In the case of RM Media Ltd. there was one recent lawsuit but it was unusual because it was directed a a marijuana company that appeared to NOT have removed the image which triggered a willful infringement accusation. I also suspect that it was a strategic move by Higbee to get a case on record so it would stop people like me from telling the world that "Nick Youngson/RM Media Lt. has never files lawsuits."
Incidentally, that lawsuit settled quickly and quietly.
Now let me give you some bad news, I do think there is a higher risk of negative consequence for letter victims based in California with a traditional brick-and-mortar business. I consider many real estate brokerages to fall into that higher-risk category.
People don't like to hear this but sometimes you SHOULD negotiate a settlement. There are a variety of reasons beyond the possibility of a lawsuit. Many people cannot cope with the stress and uncertainty. Victims want to have it both ways but they can't. They want to eliminate the uncertainty and possibility of a lawsuit but also NOT pay. That is nearly impossible.
Then I hear from people that they are willing to pay a few hundred dollars to settle the matter. While it is certainly possible because to settle a Higbee claim for as little as $300, it is very unusual and requires the victim to fight very hard to convince them to go down that low. (I know people are going to zero in on what I just said and MISINTERPRET that "Higbee claims can be settled for $300". It is RARE, HARD FOUGHT and a lot of circumstantial information has to be disclosed. It is the rare person who is able to have the emotional stamina and determination to navigate this. Not because it is "difficult" but simply because many folks don't really understand the subtleties and factors that go into taking the wind out of pursuing larger amounts. There are many variables that enter the equation. And yes, it does require you (or someone representing you) to actually communicate with them to negotiate and settle the matter.
You will be hearing from them and if you are a real estate brokerage firm in California, they will be especially persistent and interested in pursuing your case.
I am an independent contractor with a brokerage in California. We received an email from Lynn Burke of Sanders Law, to our general company email regarding a picture I used in a blog post back in April 2017. I am always very careful to purchase pictures or use ones offered for free. This one was offered for free. I did not know or understand the "attribution" clause, that i recently read on their site. The "client" of Sanders Law is RM media (have seen them mentioned in your conversations). I was ignorant and made the mistake of emailing them, not fully understanding the concept of trolling. They responded and asked for $2,200 in damages by today and claimed "commercial use" of the free picture costs $259.00. Not sure what the definition is of commercial use. My actions have been: I first added the attribute and then a few days later just deleted the picture from the blog post. My question is what is the reality that they will file a lawsuit against me? and possibly my broker? What, if any should my next response be? I am assuming since I didn't comply with their deadline and assumption that I am in the wrong I will be hearing from them again. Any help or direction is greatly appreciated. Thank you
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