Q: I am getting emails and letters about a copyright infringement from Higbee & Associates. It is a single news image.
They are requesting me provide a license or negotiate. I can also pay "settlement" of $1400. I can buy a license today for $170. My question is, can I buy a license and email them the info and be done with this? Or will they say, I didn't have it in the past and want me to still settle for the $1400? Some say just ignore them but, it's bothering me hanging over my head..
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A:
Copyright infringement claims from law firms like Higbee & Associates are serious matters that deserve careful consideration. While purchasing a current license shows good faith, it unfortunately doesn't resolve potential claims for past unauthorized use. Think of it like paying for a parking permit today - it doesn't erase previous parking tickets.
Most copyright holders and their representatives seek compensation for both the cost of the license and additional damages for past unauthorized use. The settlement amount they proposed likely includes statutory damages they could pursue in court, which can range from $750 to $30,000 per infringement. While ignoring legal notices might seem tempting, it could potentially lead to escalated legal action with higher damages and court costs.
Your best path forward would be to contact them in writing, explain your situation, and try to negotiate a lower settlement amount. You could mention that you've purchased or are willing to purchase a current license to demonstrate good faith. Consider consulting with an intellectual property attorney who can review your specific situation and advise on the best negotiation strategy - many offer free initial consultations.
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