Experienced Copyright Attorneys

What to Do If You Receive a Copyright Infringement Letter from Higbee & Associates

Receiving a copyright infringement letter from Higbee & Associates can feel overwhelming, but you don't need to face it alone. As a law firm known for representing copyright holders, Higbee often demands payment and threatens legal action. Here are some considerations to keep in mind:

  1. Consult a Copyright Attorney First Don't respond until you've spoken with an experienced copyright attorney who can review the claims and guide your specific situation. If you have already responded, consult an experienced copyright attorney before calling Higbee again.

  2. Take the Letter Seriously Higbee & Associates pursues copyright claims aggressively. Ignoring their letter could lead to a lawsuit.

  3. Stay Calm, Act Promptly Address the letter within the stated deadline to avoid complications. But, if the deadline has already passed, it is more important to get appropriate counsel before responding than it is to respond in a panic.

  4. Examine the Alleged Infringement Review whether the content in question is on your website and if you have proper licensing or permission. Collect any license agreements, purchase receipts, or correspondence granting permission. This will be very helpful to a copyright attorney advising or representing you.

  5. Consider Temporary Content Removal Removing the material while assessing the claim may help mitigate the harm - though if infringement has occurred, this is not a solution. Simply taking down the accused image does not address the copyright infringement alleged in the letter.

  6. Explore Legal Defenses Possible defenses include fair use or challenging the claim's validity. While you can find plenty of blogs from armchair quarterbacks on the internet, analyzing your possible defenses includes legal reasoning that can only be provided by a copyright attorney experienced in responding to infringement matters.

  7. Evaluate Settlement Options In some circumstances, negotiating a resolution can be the most practical and cost-effective approach. Unauthorized use of an artist’s work may result in money being owed to the copyright holder. A copyright infringement attorney can help you negotiate a reasonable settlement amount within the framework of the law.

Next Steps Every copyright case is unique. Request a consultation today to discuss the circumstances of your matter and determine the best path forward.

Note: This is not legal advice. This information is intended for general guidance only and is not a substitute for personalized legal advice.

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Meet Nate Camuti.

Nate Camuti is the Founder and Managing Attorney at Camuti Law Group APC.  One of Nate’s specialties is helping clients with enforcement of intellectual property rights and vigorously defending our clients against allegations of infringement.

Nate is also an adjunct professor at Chapman University’s Fowler School of Law where he teaches copyright law.

When he’s not working, you can find Nate enjoying time with his wife and kids, playing his guitar, or mountain biking.