What do I do if I receive a Higbee and Associates copyright demand letter?

According to Darren Heitner of Heitner Legal, if you receive a letter from Higbee and Associates, do not ignore it. In his words, ignoring their letters is the worst thing that you can do if you find yourself in receipt of one of these demands.

Does Higbee and Associates represent the Associated Press?

Higbee & Associates represents some of the world’s largest news agencies, such as Agence France-Presse (AFP) and The Associated Press (AP), as well as hundreds of creative agencies, stock image providers and individual photographers. Our copyright division has been profiled in Lawyer Monthly and Fast Company.

What is a demand letter in a lawsuit?

A demand letter is a letter, usually written by an attorney on a client’s behalf, demanding that the recipient of the letter take or cease a certain action.

Who is PicRights?

PicRights LTD has recently come on as one of the most active enforcers of copyright for photos. They operate out of Canada but appear to send a large volume of copyright enforcement emails to the US in effort to collect payments for their clients. They do not own the copyrights and they are not a law firm.

What happens if you don’t respond to a demand letter?

Ignoring a demand letter — particularly if you don’t read it at all — usually gives the obligee no other choice but to initiate a formal legal action against you or your business, perhaps even sooner than they otherwise would have.

How long do you have to respond to a demand letter?

Timeline of a Typical Settlement The opposing party has 45 days to respond to the demand letter before it expires. No response within this timeframe can mean the insurance company didn’t accept the offer, but it can also mean they never opened the letter because they were too busy with other claims.

Is PicRights a genuine company?

Is PicRights a scam? No, PicRights is not a scam. What they are doing is entirely legal. In fact, they are serving to enforce the already-existing laws surrounding copyright.

Is PicRights a copyright troll?

There has been a recent uptick of “copyright trolling” by a handful of law firms, including Higbee & Associates and PicRights. These look for unsuspecting victims everywhere. They browse images on the Internet, and visit YouTube and Facebook to look for potential “copyright infringement”.

What comes after a letter of demand?

If the debtor does not comply with the letter of demand, summons will be issued and the debtor must defend the summons or a judgment will be given against them.

How do you counter a demand letter?

What to Do If You Receive a Demand Letter

  1. agree to do what the person is asking and put an end to the dispute.
  2. contact the person(or her lawyer) to explain why you don’t agree with her.
  3. contact the person (or her lawyer) to let her know that you refuse to do what you’re being asked to do and to explain why.

What happens after the demand letter?

After you send a demand letter, one of several things can happen: The insurance company accepts your demand, and the settlement goes forward. You’ll receive the compensation you asked for and sign a release of liability in exchange.

Should I ignore PicRights?

PicRights is not a law firm. If you have a license, then PicRights needs to become immediately aware of same. If not then, unless there is an applicable defense such as fair use or de minimis use, it is smart to remove the imagery from your website as soon as possible.

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