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The title of this post comes from Paul Alan Levy's (lawyer for Public Citizen based in Washington DC) recent surprise and meaty expose of Higbee & Associates and their demand letter shenanigans.

https://pubcit.typepad.com/clpblog/2019/02/consumer-warning-copyright-trolling-by-higbee-and-associates.html

As a matter of disclosure, Mr. Levy and I became acquainted a few years back over a legal matter unrelated to copyright extortion. He was a valued and outspoken ally and advocate to which I am grateful to this day. However, even before that, his reputation preceded him because his name would come up on several other matters and issues I follow.

What I am saying is that Mr. Levy is a legal powerhouse and takes no prisoners if he sees something bad happening to people. He calls it how he sees it. He is a pit bull (I mean that in a positive way) when he wants to get information and results. He has no qualms reaching out to potential adversaries/bullies and asking (demanding?) them to explain what they are doing and get their side of things. Further, he isn't going to just sit and wait around hoping that things will work out. He will outright insist for a resolution.

Many of his write-ups are not for the faint of heart. Aside from the very high signal-to-noise ratio in which he writes, he famously includes many piercing links to letters, emails, documents, and other supporting documents to support his argument.  For me, I have to go and click each and every link he provides because there is just some good juicy stuff in there!

Because of time constraints at the moment, I can't extract and quote the juicy stuff he writes. But I will. There is some real "meat and potatoes" he offers and I want to point them out.

ANYONE WHO GETS A HIGBEE DEMAND LETTER ABSOLUTELY NEEDS TO READ HIS POST! There is no single article or post I have seen anywhere that comes close to what he has put together. The stuff he is writing and analyzing makes me look like a 6th-grader. It is that freaking good.

There is a lot to unpack and I will do my best to bring out the goodies that will be helpful to newcomers in the near future.
42
Higbee Associates Letter & Lawsuits Forum / Re: Just got a letter from Higbee
« Last post by kingkendall on February 12, 2019, 01:36:19 PM »
They're trying to scare you into sending them money.  That's the game. 
43
Getty Images Letter Forum / Re: ImageRights
« Last post by feistystingray on February 11, 2019, 08:03:57 PM »
Any updates re: ImageRights?

44
Higbee Associates Letter & Lawsuits Forum / Re: Just got a letter from Higbee
« Last post by Dills on February 11, 2019, 04:28:17 PM »
Update. They've now starting calling and emailing me saying they want to resolve this in two weeks or they'll pursue legal action. I'm not sure what to do but I haven't contacted them yet.
45
Higbee Associates Letter & Lawsuits Forum / Higbee Demand Letter for news article
« Last post by ccmike on February 10, 2019, 09:50:29 PM »
Received a demand letter from Higbee related to a picture that was embedded in an article I received from a friend about 1.5 years ago and re-posted. I explained to the clerk I contacted via email that the article was a synopsis of a news feature that my friend was airing on his podcast. The article was not mine. The alleged copyright infringement was related to a photo my friend embedded. I merely re-posted the article. Didn’t matter to Higbee. I removed the picture but told Higbee I wasn’t paying them anything. I am wandering how long these email threats will continue before they move on? Anyone have any experience with a similar situation?
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Higbee Associates Letter & Lawsuits Forum / Re: VFW local site
« Last post by Robert Krausankas (BuddhaPi) on February 09, 2019, 08:57:01 PM »
read the forums, get educated, then move forward in one way or another...any and all advice is already here somewhere, you need to do the footwork..
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Higbee Associates Letter & Lawsuits Forum / VFW local site
« Last post by Johnno1357 on February 09, 2019, 06:37:03 PM »
Looking at all this, I'm pretty confused about my next step.  I am a amateur web designer and I help local clubs, churches, etc.   One of the groups, a local VFW, received the dreaded Higbee letter.  It appears as though there was a photo I used from another veteran publication that I assumed was in public use (bad assumption).  The website has been defunct and not available for months now and I had hoped that would remove the violation concern.  The letter states that they will have to pay $2130 within 14 days or go to court.

Any advice?
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The same thing happened to our company recently and a few others identified online.     Has anyone else been asked to participate in a class action on this? 
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3yrs from time of discovery...in other words use the date of the first letter you received..3 yrs from then..
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Higbee Associates Letter & Lawsuits Forum / Re: Just got a letter from Higbee
« Last post by Dills on February 07, 2019, 07:49:10 PM »
Wait did you say three years? The image I'm being sued for was registered Dec. 17, 2013. Or does it go based on when I posted the image, Aug. 1, 2016? Or is it perhaps when the claim is issued?
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