Copyright · Photography

Licensing vs. Litigation

In the past few months we’ve been working closely alongside Higbee & Associates, a law firm from California who specializes in copyright infringement.

To make this experience the best it can be, we’ve implemented a new action button where you can decide exactly which cases you want to have reviewed by H&A.

Introducing, Litigation!legal-selected_huge.png

As mentioned previously, all litigation cases handled by Higbee & Associates will be taken on contingency, meaning you will not have to pay any fees unless your case is won.

We recommend using the litigation option first when:

  • You’ve had trouble contacting this publisher in the past
  • This image is particularly valuable, and a quickly closed case is important
  • You are asking a large licensing fee
    • Unfortunately it is common for publishers to simply ignore the licensing request, and in place take an image down, thinking they will not have to pay. This is not the case. Once legal counsel is involved, your case will continue to be pursued even if the image has been removed.

What happens to the licensing option?legal_huge

It’s still here, and we’re always working to improve it. A good time to just send a license request is when:

  • You’ve successfully dealt with the publisher in the past
  • You have not dealt with this publisher before but you think they could become a new customer of yours
    • If this is the case, we recommend taking a lighter approach at first. This is because our licensing requests take a lighter approach than the litigation option. If you want to try and make a customer out of this publisher we’d love for you to have a positive first interaction.

What happens if they don’t respond to the licensing request?legal-overlay-hover

Going forward, when you send a licensing request, you will have the option to have the case automatically escalated to H&A after a week of no response if the image is being used on a website based in the United States. By default, this option will be deselected. If you choose not to opt-in for automatic escalation we will send you an email after 1 week, asking if you would like to have the case escalated.

If your case is not in the US, don’t fret! We are going to open this option in more areas as soon as we can!

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