Messages

16

Higbee Associates Letter & Lawsuits Forum / Re: UrbanLip.com v. Lereve Skin Institute (Higbee Client v. Pro Se Defendant)

« on: December 11, 2018, 05:42:41 PM »

I doubt any semi-competent attorney would file a complaint based on a claim that is outside the SOL.  So... I read the fact section of the complaint.   Thank you for the link Mr. Chan.  The Defendant used the images first in 2012 for one corporation and then more recently used them with a different corporation.   The latter use is distinct for purposes of the SOL.   The Plaintiff is relying on the latter. 

Representing oneself in pro per takes an abundance of one of two things, guts or ignorance.  One way or another, it is usually entertaining. 

17

Getty Images Letter Forum / Re: Creative Commons Photos on Facebook, Twitter, etc.

« on: December 07, 2018, 12:25:21 AM »

I think some in the LGBT crowd find the phrase offensive.   It is tough to navigate the seas of political correctness.

18

Higbee Associates Letter & Lawsuits Forum / Re: Copyright troll Photog Sadowski lawyer slapped with $10K bond demand

« on: December 07, 2018, 12:22:18 AM »

I am not sure I would say the plaintiff is getting all they can handle.  Plaintiff  might not care or even know.

However, plaintiff’s attorney has major problems and, to probably nobody’s surprise, that attorney is Richard Liebowitz.  The ruling on this motion is quite extraordinary.  It shows a few things.

1.  That judge appears to be on a growing list of judges who do not like Richard  Liebowitz. 

2.  Opposing attorneys would be smart to file similar motions in every one of his cases.   Requiring him or his clients to post a bond is a big hassle and might even cause some of his clients to hesitate to litigate.

3.  At some point, attorneys working for The Liebowitz Law Firm may question that decision.   

I am reading a rather long motion for attorneys fees against one of Liebowitz’s clients.    If he loses it and the defendant gets even one half of the amount they are requesting, it will certainly make news.  I will post a note about it when I am done reading it and the reply. 

19

Higbee Associates Letter & Lawsuits Forum / Re: Judge Awarded Higbee & Associates $48,000 for Use of 1 Photo!!!

« on: November 19, 2018, 01:25:20 AM »

It looks like Higbee & Associates is using their results on default judgments as part of their sales pitch.

https://www.higbeeassociates.com/practices/copyright-law/

Some of our notable recent court successes:

Summary judgement denied to BackChina in infringement case

Alex Wild wins $15,000 copyright infringement judgement

Chris Sadowski wins $30,000 copyright infringement judgement

Michael Grecco wins $45,000 default copyright infringement judgement

Michael Grecco wins $60,000 copyright infringement judgement

Sadowski wins $50,000 copyright infringement judgement

20

Higbee Associates Letter & Lawsuits Forum / Re: This Will Be Interesting To Watch

« on: November 19, 2018, 01:07:24 AM »

Yes.  I posted a link in that thread to this one  just in case anyone wants to read my analysis. 

21

Higbee Associates Letter & Lawsuits Forum / Re: Meyer, Suozzi, English, Klein v. Mathew Higbee, Youngson, RM Media, Higbee Assoc

« on: November 19, 2018, 01:02:27 AM »

I dug into the fine print of the Creative Commons 3 license.  The license is pretty clear that attribution is a condition, not a covenant.  In fact, it evens says the license is revoked automatically if the attribution is removed. 

My guess is that defendants win on their 12b6 dismissal or a motion for judgment on the pleadings. But then again, you never know what a federal court judge will do.

22

Higbee Associates Letter & Lawsuits Forum / Re: This Will Be Interesting To Watch

« on: November 16, 2018, 07:02:37 PM »

I have checked a few times to see if anything has happened.   Crickets.  The judge has not ruled on the motion to dismiss filed by Higbee and the docket shows no record of RM Media being served.   

23

Getty Images Letter Forum / Re: Got a letter from Hughley Smith Law via Trya Hughley

« on: November 16, 2018, 06:58:31 PM »

Their website is nice looking but a little sketchy.  If they are actually lawyers, you would not know it.  As far as I could see, they do not mention where they are licensed nor do they comply with the basic advertising rules that apply in most, if not all, states.   I could not find a mailing address.

24

Higbee Associates Letter & Lawsuits Forum / Re: Got a Higbee letter - how can I ask for proof of copyright ownership?

« on: November 01, 2018, 05:18:37 PM »

@sid

Ownership of a copyright is always proved the same way, by evidence presented to the judge or jury.   Registration is just a piece of evidence, it is not definitive.  Registration within 5 years of publication only creates a presumption of validity and ownership.  Evidence can include testimony from the author, witnesses to the creation, sustained and unchallenged public use of the work, ownership of similar photos, and on and on.   

It is best practice to make sure any release you sign includes a provision that warrants that the releasor will idemnify you from any future claims of infringement from any third-party.

25

Higbee Associates Letter & Lawsuits Forum / Re: Got a Higbee letter - how can I ask for proof of copyright ownership?

« on: November 01, 2018, 03:35:41 PM »

I just received one too, claiming a small amount of $1400 for one image used twice. Asking the community to share their case information on how they beat this or what they did as the outcome of this situation. Thanks!

How to beat it?   Well, absent a license, a valid defense, such as fair use, is a good place to start if the facts support it.   You could challenge the ownership of the images if ownership is in doubt.   

The options usually boil down to ignoring it and hope they don’t sue for three years (which is the statute of limitations), you negotiating a settlement, or you hiring an attorney to settle it.   What you do is up to you.  It is a business decision that involves many factors ranging from financial to emotional.

26

Higbee Associates Letter & Lawsuits Forum / Re: Got a Higbee letter - how can I ask for proof of copyright ownership?

« on: November 01, 2018, 03:25:57 PM »

@sid.  It is always good to ask for proof of ownership. However, no reputable lawfirm would knowingly help a client enforce images they do not own.  So, don’t expect that approach to be more than a delay tactic.  Also, not all images are registered with the US Copyright Office, so you might have to look at other sources of proof of ownership, such as credibility of the claimant or other sites crediting the photographer for the image.  Good luck with it.

27

Higbee Associates Letter & Lawsuits Forum / Re: Nicholas Youngson Photographer (Rep. by Higbee Associates) Copyright Abuse

« on: October 31, 2018, 10:50:41 AM »

Here is some information from various threads on this forum to consider when evaluating claims made by RM Media.

- If you have not already done so, remove the image or comply with license attribution requirements
- The demand amount is negotiable, so you can offer them a substantially lower amount
- RM Media has filed several lawsuits in the US.
- If you look like you do not have assets, you are way less likely to get sued.
- If they sue you, they will probably ask for much more money than they are now.
- If you are comfortable with the risk of getting sued, you can trying ignoring it and hope they do not sue you for three years, after that, it will be beyond the statute of limitations for that particular claim. 
- If they do sue you, they will try to use the fact that you did not offer to settle the claim against you in effort to persuade the judge to make you pay their attorneys fees.
- Have an attorney evaluate your claim for possible defenses to infringement, such as fair use or for mitigating factors that would give you leverage to reduce or eliminate liability

Higbee & Associates has no record of adverse action from any state bar association.   Draw whatever inferences you like from that when considering how worth while it is to spend your time complaining to the state bar.  If you think their client’s claim has no merit, you or your attorney can tell it to the judge in the form of a motion to dismiss and for sanctions.

Finally, read my important disclaimer below. 

28

Getty Images Letter Forum / Re: Pixsy Letter Questions

« on: October 16, 2018, 11:08:31 PM »

The fact that the photographer climbed a fence or may have trespassed alone is about as relevant as a defense based on the fact that he was speeding in his car when driving to the scene.    These claims can become federal claims,  fought in federal court.  They have real consequences.    Unfairly Targeted lives in angry fantasy land where all copyright claims are meritless and probably originate from a guy named Tom.

As usual, Unfairly Targeted’s advice is horrible and should only be viewed as comic relief.   I do agree with Mr. Chan.  He is a liability to the casual reader who is looking for useful information.   If this forum’s goal is to be a reliable place for thoughtful discussion, there is a strong case to be made that he undermines that goal.   If it is a place for venting and banter, well...

Anyway.

For what it is worth, Pixsy is a German company with no real US presence.  They are not a law firm.  My guess is that they are toothless in the US.

29

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

« on: October 03, 2018, 02:27:25 PM »

I believe saying people are smart enough to know something is the opposite of condescending.

You are probably right that I underestimate the impact that social media has on some people’s mindset when they infringe.  nevertheless, I still suspect that is a very small percentage who do not know the difference between sharing photos on social media and deploying them on a commercial website.

I believe that the overwhelming number of people who infringe do it based on assumptions that include, it feels like a victimless crime, it is easy to do, the chances of getting caught are small, they think if they get caught they will just get a warning, there are no major consequences if they do get caught, it is cheaper to infringe and deal with the rare consequences that it is to buy and track licenses.    Many of those assumptions are probably true, but none are based on ignorance that it is a violation of copyright.

Regardless of their mental state, I am glad to offer my commentary. 

30

Getty Images Letter Forum / Re: Oscar Michelen: Court Calls Out “Copyright Troll”, Fines Him $10K/Frivolous Suit

« on: October 03, 2018, 01:37:10 AM »

Not to dampen your excitement, but the name calling or sanctions did not seem to slow him down.  He is still filing way more photo based copyright lawsuits than anyone in the country. 

I do not read much about him on any of the forums I follow, my guess is that is because he does not make pre-litigation efforts to resolve claims and instead just sues people.  People tend to not post things on forums if they have been sued.     

It will be interesting to see how long he can file so many cases before the judges in NY really start punishing him.