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I noticed this Google ad for a service that supposedly helps you fight back against Higbee (and others).

http://copyright-demand-letter.com/higbee-associates-copyright/

I counted 72 lawsuits that this website claims Higbee has filed this year. Their graphic claims that Higbee has a very high chance of filing a lawsuit.

After scaring you with this data, they want you to buy their service:

http://copyright-demand-letter.com/typical-prices/

For $1,499 they'll give you advice but won't represent you. Prices shoot up from there for more engagement.

Their disclaimer says this:

Outcomes are not guaranteed. This service is not a law firm. This is a referral service. This service is not yet available in all states and with all law firms. This service is not available outside of the US.

Their "About Us" page is essentially content free. It says nothing about who they are.

http://copyright-demand-letter.com/about-us/

Their WHOIS page has no owner info. (That info protected.)

Has Higbee really filed 72 lawsuits this year? What is this service not telling us?

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Higbee Associates Letter & Lawsuits Forum / Higbee followup
« on: November 15, 2017, 07:01:13 PM »
I originally posted here:

http://www.extortionletterinfo.com/forum/legal-controversies-forum/got-an-extortion-letter-from-higbee-asking-for-$15k/msg21589/

But this forum has lots more traffic so I thought I'd continue here.

I've gotten two more emails from Higbee, three and seven days after the first one.

Here's letter #2.

Subject: Ignoring this Problem Will Only Make It Worse

This is a follow-up to the letter and email that we sent you regarding the unauthorized use of copyrighted materials owned by our client, Michael Grecco. We want to work with you to resolve this in an efficient and fair manner.

Ignoring this problem will likely result in a dramatic increase in costs and stress.  Please call us or go to our secure online Resolution Center and either make a payment or let us know why you believe you do not owe money for using our client’s work.

And, here is #3.

Subject: There is Still Time to Save Money & Reduce Stress

We mailed you a letter and sent two follow-up emails about the unauthorized use of our client’s copyrighted materials. It is our client’s hope that this matter could be resolved without incurring more costs than his have already incurred. Yet, we have not heard from you.

US Copyright Law provides strong protection for owners of copyrighted material. If he is forced to file a lawsuit to resolve this matter, you could be liable for damages that are many times more than what my client is now requiring,  as well as his attorney’s fees -- not to mention your own attorney’s fees. It simply makes no sense to ignore this issue, especially, when our client is willing to work with you on resolving it.

If we do not hear from you within about one week, we will recommend that our client consider simply filing a lawsuit.

Please call us or go to our secure online resolution center and either make a payment or let us know why you believe you do not owe money for using our client’s work
--------------------

I've done some research and here are the issues I see with Higbee's claim.

1. I have an <img src="xxxxxxxxx"> link so I'm not even hosting the image.
2. His extortion letter acknowledges that I'm not hosting the image since the infringing file location is listed as being on a Barnes & Noble server. Does Barnes & Noble get the rights to use every book cover image they host and display?
3. The image in question is the cover of a book referenced from a blog article about said book. Does the publisher (who I imagine is happy that I'm promoting the book) own the rights to use the image or does Mr. Grecco?
4. The photographer's image is only part of the book cover. I'm not sure if that negates his claim or not.
5. There are literally millions of hits for that image in a Google image search.
6. It seems to be a bit of a gray area but using an image of a book cover in a book review strikes me as fair use, especially since my blog is a small one that doesn't make any money.

I'm not particularly worried about Higbee taking me to court except for the nuisance factor. Plus, there's no money in the corporation running the blog for him to get.

I've ignored Higbee so far. I'm posting info here anonymously in the hope that others who get the same extortion letters don't just roll over and pay. There's strength in numbers!

Thoughts on how I should proceed? Thanks.




3
Hi Everyone,

I have a link to an image of a book cover in one of my blog articles, promoting a book I make no money on. I got an extortion letter from Higbee asking for $15,000. There's some broken code in the email that says "{timely_discount_shortcode}." So, I have no idea what their discount request is.

A Google image search finds 13,000,000 references to the image.

They claim to have sent me a letter via US Mail on 10/31. I've not received it (yet.)

They provide these instructions.

Quote
To resolve this matter efficiently and amicably, please follow these steps:

(1) Immediately after receipt of this email, remove all occurrences of the image from your website(s), cease using it in any way, and confirm in writing that you have done so.

(2) Immediately after receipt of this email, return to our firm the attached Release License, along with your payment in the form of a valid cashier’s check or money order for $15000 payable to ''Higbee & Associates Client Trust Account''.  This can be returned to us via US Mail. You can also pay online at https://copyright.higbeeassociates.com/resolution. If you choose to make your payment online, you can return the Release License via email to claims@higbeeassociates.com. The email must include the case number XXXXXX in the subject line.

The attached PDF is 50 pages long and it includes many pages of images in the photographer's Certificate of Registration. The documentation looks very legitimate.

I've googled a bunch and read a number of posts here. I get that you don't give stock advice on whether to respond or not. My blog is small, it makes no money, and I did not intentionally infringe on the photographer's copyright.

It's a bit hard to fathom that posting a link to an image of a book cover on a blog to promote the author's work is a bad thing. And, my understanding is that a hotlink ( <img src="...."> ) is not a problem.

Your thoughts?

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