I received one of these Higbee demand letters. Originally from Alisa Smith to handle the matter without the litigation team to save me money and then from an attorney, Ted Sell ,when I pushed back.
I used to write a blog for single dads that focused on staying fit and healthy. I never profited from it. I used a service to host the blog that included free recipe posts under a separate tab. I never looked at it or thought about it. Apparently, one of the images they used for a baked yam recipe is owned by Adlife, a client of Higbee. The image was removed by the service I used before I ever got the demand letter. They confirmed it was there.
When I got the demand letter, I requested proof of copyright. Mr. Sell sent me the copyright. It is for 250 images published between Jan and Dec 1995. The copyright is dated March 2017, 22 years later. The recipe was posted in December 2017. He says that makes me liable for statutory damages of up to $150,000 plus attorney fees.
I know hiring an attorney will be expensive. I can’t see how I can be liable for tens of thousands of dollars for something I had no knowledge was posted, didn’t host and was removed before the demand letter ever arrived. The service has not been helpful and
is obviously looking to cover itself.
Even if I posted the image, I can find similar stock photos for $12, how can I be liable for $100,000 or more? Doesn’t fair market value matter?
Mr. Sell is now threatening to file suit against me and that I am facing severe consequences. I would really appreciate any guidance. This makes me nervous.
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Please Please Help
I am hoping for some guidance.
I received one of these Higbee demand letters. Originally from Alisa Smith to handle the matter without the litigation team to save me money and then from an attorney, Ted Sell ,when I pushed back.
I used to write a blog for single dads that focused on staying fit and healthy. I never profited from it. I used a service to host the blog that included free recipe posts under a separate tab. I never looked at it or thought about it. Apparently, one of the images they used for a baked yam recipe is owned by Adlife, a client of Higbee. The image was removed by the service I used before I ever got the demand letter. They confirmed it was there.
When I got the demand letter, I requested proof of copyright. Mr. Sell sent me the copyright. It is for 250 images published between Jan and Dec 1995. The copyright is dated March 2017, 22 years later. The recipe was posted in December 2017. He says that makes me liable for statutory damages of up to $150,000 plus attorney fees.
I know hiring an attorney will be expensive. I can’t see how I can be liable for tens of thousands of dollars for something I had no knowledge was posted, didn’t host and was removed before the demand letter ever arrived. The service has not been helpful and
is obviously looking to cover itself.
Even if I posted the image, I can find similar stock photos for $12, how can I be liable for $100,000 or more? Doesn’t fair market value matter?
Mr. Sell is now threatening to file suit against me and that I am facing severe consequences. I would really appreciate any guidance. This makes me nervous.