Website Owner Beware!
I haven't posted before, but I feel impelled to do so as what has just happened to me may very well have a very negative impact on your finances as well.
Approximately a year ago..my wife was interviewed by the online magazine, "The Daily Beast" about a book series she has published. After the interview, the Daily Beast Journalist published the article and sent a copy of it to my wife. The article was accompanied by an image with my wife's book superimposed upon it.
We added the image to our website as we have added other images, videos, and audio clips from local and national news organization interviews with no issue. We thought nothing of it as the article was about my wife, her book series and had her book in the image.
However, in this instance (approximately a month after we placed the image on our website), we received an email from an unknown sender warning us we were in violation of federal copyright laws. Furthermore, if we did not remove the image immediately they would take legal action.
Rather than create legal trouble, we removed the image immediately thinking that would be the end of that. Unfortunately, it was not.
Today...over a year since the image was taken off the website, we received an email from a law firm in Los Angeles by the name of Higbee & Associates. They're a law firm that specializes in copyright law.
The email is very threatening and in a nutshell says...we are in violation of federal copyright laws. We have 14 days to respond or we will be taken to court for copyright infringement.
The letter further states...if we want to avoid a costly court battle and lawsuit in the $100,000+ range...we can send payment of $2,170 by credit card or ACH Direct Deposit to the Higbee & Associates Law Firm. They even provide a form to enter our credit card info. How nice!
My first thought was who are these people? Their client is not "The Daily Beast", but rather, some press agency from France by the name of "Agence France-Presse" (AFP).
We contacted the Daily Beast reporter and asked where the image in question came from? She said her photography department created the image, so we have no idea how this "Agence France-Presse" (AFP) figures into the equation as of yet.
This whole thing seemed suspicious and is extremely concerning as we are not wealthy by any means. That being said I decided to do some research on Higbee & Associates.
I learned Higbee & Associates is notorious for using a software program to scan websites, blogs and social media accounts to find images that are not licensed (even if the image has not had a copyright registered).
I also learned Higbee & Associates are well known by Copyright Attorneys around the United States for walking the line ethically when they send out their demand letters.
Their MO is to scare website owners, bloggers and folks with social media accounts into paying a several thousand dollars to settle out of court. If they refuse...Higbee & Associates threatens to sue for $150,000 or more if you go to court. This is apparently a huge cash machine for them as they alledgedly send out thousands of letters monthly.
I read however, that when one of their targets hires a copyright lawyer...Higbee & Associates tends to back off, as they know (in most cases), they have no legal leg to stand on. Unfortunately, many folks can not afford a lawyer, so rather than fight, they just pay the ransom money.
So to reiterate... what Higbee & Associates is doing is preying on those of us who cannot afford to hire a high caliber Attorney. They send thousands and thousands of demand letters to unsuspecting targets with a threat to pay a few Thousand or they will destroy you financially.
It's shocking that this lawyer still has his law license when it's apparent many Copyright Law Firms are aware of his shady practice. All I can figure is that he is smart enough to walk just inside that very thin ethical/legal line.
I did however, read that there is discussion of a class action lawsuit by victims he has targeted.
Again..I wanted to make sure all the members of the WA community are aware of this as I do not wish this on any of you.
If any members who read this have been contacted by the Higbee & Associates Law Firm please let me know. This firm needs to be served with a class action suit so they cannot prey on online entrepreueurs like you and me any longer.
Thanks!
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Recent Comments
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Wow. That sounds highly frustrating.
It also reminds me why I need to start using only my own photographs.
I hope that a class action lawsuit can be successfully brought against them.
As a friend of many photographers, I would feel differently if this company was representing the actual photographer and you had not already removed the image. .
I agree as photographers should have their works protected. However, selling basic, mundane photos on the internet on stock sites do not command license fees of $2.170 and certainly Not $150,000.
In our case, the article the photo accompanied, was about my wife and her book.
So what this law firm is alleging is that we took an original image copyright protected by their client and superimposed an image of my wife's book onto their copyright image.
We asked The Daily Beast reporter who created the photo and she told us that the Daily Beast graphics team created the photo so we thought It was The Daily Beast who created the original image and the image with my wife's book superimposed upon it.
The reporter sent us the article with the photo for our use.
Now it appears The Daily Beast may not have created the original image and took the liberty of superimposing my wife's book cover onto the other image. As an aside....The Daily Beast never asked my wife for her permission to use a photo of her book either.
Now this law firm (which if you Google them), has a history of suing anyone for anything. They scour the Internet to entrap unsuspecting victims.
We have learned this law firm will threaten web and blog owners even if the photo was not or was improperly registered for copyright protection as they know most people will get scared and pay the several thousand dollars versus go to court and be sued for $150,000 in damages plus Attorney fees.
I also just learned Higbee & Associates is allegedly in partnership with 2 other companies who post pictures on the internet as "Free" to use and then sue folks who use them because there is fine print in the "Free" use agreement that most folks do not read.
I am going to post the post I found on the "ComplaintsBoard.com website I found regarding this entrapment scheme in my next post.
I'm so sorry you and your wife had to go through this.
I've heard of unscrupulous tactics like this before. These con artists impersonate local utilities, the IRS...basically any entity where they feel their fear tactics will work.
Have you contacted your state's attorney general? Or the Better Business Bureau?
It sounds like these guys need to be stopped and now!
Not yet. The more I research the more scare tactics I learn this Higbee Law Firm is involved in. I will follow this post with an additional post.
Everyone in the WA community needs to be know about this law firm so they do not go through this. It could cost me tens of thousands to have an Attorney fight this.
One new thing I learned is that the Higbee Law firm brought various suits against companies in New York state until a defense Attorney looked into Higbee's claim they had an office in New York and found out they did not. The process servers found no such law firm at the claimed addresses. Fortunately, now multiple judges in New York (including the Supreme Court of NY) have thrown their cases for practicing illegally in New York.
What is insane is the fact despite the Supreme Court of New York found this Higbee Law firm to be practicing illegally this firm and it's founder Mathew K. Higbee still have a law license.
Apparently, the State's Attorney General in California has not done much for others threatened by this Higbee & Associates Law Firm. Unless you are a big fish that can make a name for DA you apparently do not get much in the way of results.
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A truly interesting story. SCAMS are all over. And SCAMMERS are also bullies who when faced with someone or something that could possibly expose their under belly, would scamper and run.
My first step would be hiring a lawyer who will charge me only if my counter lawsuit COLLECTS from the bully. Hard to find but they are out there.
The best to you!
Joe
No Copyright lawyer I have found work on contingency. I have asked this law firm for the certificate of registration and so far crickets.
In order for scammers to collect, they have to give you account numbers, addresses and names which could help to track them down.
Anyway, as long as they are not able to get anything from you, ignore them.
Joe
This is a legitimate law firm. I have done my research.