Copyright Enforcement

The Law Firm of Higbee & Associates has helped copyright holders recover nearly $100 million dollars in lost revenue from unauthorized use of their intellectual property.  We represent clients of all sizes, ranging from part-time creators to the largest news agencies in the world, such as Reuters, Associated Press, and Agence France-Presse.

Sample Successes:

  • Jury verdict of $1,175,000 for unlicensed use of single nature photo. Read more.
  • Settlement for $550,000 for unlicensed use of 22 stock photos
  • Settlement for $240,000 for unauthorized use of 2 photo shoots

 

We Take Most Cases on Contingency

Clients have the option to pay for our legal services with an hourly rate, flat-fee, or a contingency fee.   The hourly rates range from $325 to $750 an hour, depending on which attorney you choose.  Most clients choose to have us handle the case on contingency, meaning we get paid from a percentage of the proceeds of the money we recover for you.  Contingency fees range between 30 percent and 50 percent.

We Take All Types & Sizes of Cases

We have experience handling a wide range of copyright cases, including photos, movies, music, and literature.   While we have successfully handled million-dollar claims, no claim is too small for us to consider.  What is important is that you contact us right away to not risk jeopardizing the economic or legal viability of your claim. 

We Can Help You Find & Stop Copyright Infringement

If infringement is a widespread problem, our technology can help you locate unauthorized uses of your work anywhere on the internet and Instagram.    Simply upload your images to our proprietary reverse image search system and let us find and screen the infringements for you. You can read more about how to find copyright infringement on our Copyright Monitoring page.

What is Copyright & what can be protected?

Copyright is a legal form of exclusive protection for authors of published and unpublished tangible expressions of work. Examples of protected works may include those that are literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisuals, motion pictures, sound recordings, and architectural. Copyright protection is applicable to original work and compilations and derivative works to the extent that protection is available on the material contributed by the author, and not the preexisting material of the work.

What is Copyright Infringement?

Copyright infringement is the unlawful use of an authored work without the owner’s permission in the form of a license through various forms of distribution or publication.

What type of cases do you handle?

We handle a wide range of copyright claims, including images, video, text and music.    We define commercial websites as ones that do the following:  sell or promote goods or services, generate advertising revenue, or solicit donations or contributions.  It is usually not our intent to pursue non-commercial claims.

How do I get paid if someone infringes on my copyrighted work?

You may be entitled to receive up to $30,000 for unintentional infringement (defendant didn’t realize that they were infringing on a copyright) and up to $150,000 for willful infringement (defendant knew that they were infringing on a copyright).

We are able to get a settlement without even going to court in 80% of our copyright infringement cases. This means you will get your money faster. If we do need to fight for your case in court we will also handle that whole process.

No matter what happens with your case, you won’t have to pay us anything out of pocket. It doesn’t cost you anything for us to handle your case. We simply receive compensation through a portion of the settlement.

How are infringement damages assessed under 17 US Code §504(c)?

Authors are given the option to seek either actual damages or statutory damages. Actual damage can be recovered if the author can show that the infringer profited from the illegal use of the authored work. The author is only required to present proof of the infringer’s gross revenue to establish a causal connection between the infringed work and alleged profits. Alternatively, any time before judgment is rendered, the author may elect to seek statutory damages. If the infringement is unintentional, the court has the discretion to award anywhere between $750.00 to $30,000. If the author successfully proves that the infringement was committed willfully, the court has the discretion to award the author up to $150,000.  Not all claims are eligible for statutory damages under 504(c).

Resourceful Videos

Learn More About Higbee & Associates Copyright Division

Learn How Higbee & Associates Copyright Division Can Help You

Have you received a copyright infringement letter from Higbee & Associates?

Already Registered? Sign in.

Questions?

Get in Touch for a free consultation.