If your business received a Higbee & Associates demand letter over a photo on your website or social media, I defend businesses and individuals against these copyright claims nationwide. I'm Jonathan Francis, a Chicago copyright defense attorney and registered patent attorney. Before you pay, reply, or delete anything, the claim should be checked against what the law actually allows the photographer to recover.
Higbee letters usually ask for thousands of dollars for a single image and set a short response date. Many of these claims are worth far less than the demand, and some are not worth anything at all.
This page is general information, not legal advice about your situation.
Free, confidential case review. Fill out a short form and upload the letter. I'll tell you what the claim is really worth and quote a flat fee.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the letter you received, and don't include other confidential details.
What is a Higbee & Associates demand letter?
A Higbee & Associates demand letter is a copyright infringement claim from a California law firm that represents photographers, photo agencies, and news organizations, demanding payment for an image it says was used without a license.
The letter usually identifies the photo, the web page or post where it appeared, and the owner the firm represents, and it offers to settle for a lump sum. Its clients have included news agencies such as Agence France-Presse (EFF, 2026). If the first letter goes unanswered, follow-up letters and a threat of a federal lawsuit typically come next.
A demand letter is not a lawsuit, and it is not a court order. It is an opening position in a negotiation, and the number in it is usually the highest figure the firm thinks it can justify.
What the photographer can actually recover
What a copyright owner can recover depends mostly on when the photo was registered with the U.S. Copyright Office: without a timely registration, there are no statutory damages and no attorney's fees, only actual damages, which for a photo is usually close to a normal license fee.
Timely registered
Statutory damages of $750 to $30,000 per work, up to $150,000 if willful, and as low as $200 for an innocent infringer (17 U.S.C. § 504(c)). The court may also award attorney's fees to the winning side (§ 505).
Not timely registered
No statutory damages and no attorney's fees if the use began before registration, unless the photo was registered within three months of first publication (17 U.S.C. § 412). The owner is left with actual damages and profits.
The § 1202 add-on
Letters sometimes add a claim for removing copyright management information, such as a watermark or credit line. Statutory damages are $2,500 to $25,000 per violation (§ 1203(c)(3)(B)), but the claim requires intentional removal and knowledge that it would help conceal an infringement (§ 1202(b)).
Registration timing is the first thing to check, because it often decides whether the demand is worth thousands or a few hundred dollars. You can search registrations yourself in the Copyright Office public records system, though matching a photo to a registration can take some work, especially when photographers register hundreds of images together.
Defenses and leverage in Higbee claims
The strongest points in a Higbee claim usually come from the registration record, the dates, who actually posted the image, and where it came from.
- Registration timing. If the first use came before the registration and more than three months after first publication, statutory damages and fees are off the table under § 412.
- Time. A copyright claim must be filed within three years after it accrued (17 U.S.C. § 507(b)). Courts apply a discovery rule, so an old post is not automatically safe, but age still matters.
- Who posted it. A web designer, marketing agency, former employee, or user of your platform may have put the photo up. That affects liability, and your contract with a designer or agency may give you a claim against them.
- Where it came from. A license, a stock-site receipt, or a client-supplied file can be a complete defense. "I found it on Google" or "it was on a free site" usually is not, but the details still matter.
- Ownership and standing. The firm has to show its client owns the photo or holds the exclusive right it is suing on, which is not always clear for agency and wire-service images.
- Actual value. When statutory damages are unavailable, the measure is roughly what a license would have cost, and for many web uses that is a modest number.
Take the photo down, but keep a record first: screenshots, the date it was posted, where it came from, and any traffic data for the page. Don't delete the evidence along with the image.
Copyright Claims Board notices
A copyright owner can also bring a claim before the Copyright Claims Board, a small-claims tribunal at the U.S. Copyright Office, and if you are served with a CCB claim you have 60 days to opt out or you are bound by the result.
If you don't opt out within 60 days of being served, you lose the right to have the dispute decided in federal court and waive a jury trial (17 U.S.C. § 1506). Awards are capped at $30,000 total, statutory damages are limited to $15,000 per timely registered work, and they are limited to $7,500 per work, or $15,000 total, for works not timely registered (§ 1504(e)). Whether to opt out is a strategic choice that depends on the claim, so get advice before the 60 days run.
What to do this week
Note the response date, preserve your records, take the image down, and don't call the firm, admit anything, or pay until someone has reviewed the claim.
- Find the dates. The response date in the letter, the date the photo was first posted, and, if you were served with a court or CCB claim, the date of service.
- Preserve, then remove. Screenshot the page and save any page-view data, then take the image down from the page and the server.
- Trace the image. Who chose and uploaded it, and from where. Find any license, stock-site receipt, or contract with a web designer or agency.
- Don't negotiate yourself yet. Calls and emails to the firm can be used as admissions, and an early payment offer sets a floor.
- Get the claim reviewed. The registration and timing questions usually decide the claim's value, and they are quick to check.
The response date in the letter is real. Start your case review now and you'll hear back promptly.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the letter you received, and don't include other confidential details.
How I handle Higbee claims
I represent businesses and individuals against Higbee & Associates demands on a flat fee, quoted after a free review, so you know the cost before you commit.
The work usually starts with the registration and timing analysis, then a written response that tells the firm what its client can and cannot recover. From there the claim is either resolved for a figure tied to its real value or contested. Most of these claims can be resolved without a lawsuit. If a case is filed outside Illinois, I can ask that court for permission to appear or work with local counsel there. I'm admitted in Illinois and in the U.S. District Courts for the Northern and Central Districts of Illinois and the Eastern District of Wisconsin.
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Frequently asked questions
Is Higbee & Associates a real law firm, or is the letter a scam?
Higbee & Associates is a real law firm, and its letters are real copyright claims. That does not mean the amount demanded is what the claim is worth, so treat the letter seriously but don't pay it without checking the registration and dates.
Can I just take the photo down and ignore the letter?
Taking the photo down stops new infringement, but it does not end a claim for past use. Ignoring the letter usually leads to follow-up demands and can lead to a lawsuit or a Copyright Claims Board claim, so preserve your records, remove the image, and get the claim reviewed.
My web designer put the photo on my site. Am I still liable?
Possibly, because the photo appeared on your site, but who posted it still matters. Your contract with the designer or agency may require them to cover the claim, and their records may show where the image came from.
What if the photo was not registered with the Copyright Office?
If the use began before registration and the photo was not registered within three months of first publication, the owner cannot get statutory damages or attorney's fees. The claim is then limited to actual damages, which for a single web photo is often close to a normal license fee.
I got a notice from the Copyright Claims Board. What should I do?
Calendar the 60-day opt-out deadline right away. If you don't opt out in time, you are bound by the Board's decision and give up a federal court and a jury, so decide with advice before the deadline.
Should I just pay what the letter asks?
Not before you know your real exposure. The first demand is usually far above what a court could award on the facts, and any payment should come with a full written release.
Can you help if I'm not in Illinois?
Yes. Higbee claims are usually resolved by letter and negotiation, so your location rarely matters. If a lawsuit is filed in another state, I can seek permission to appear in that court or work with local counsel there.
Attorney Advertising. General information, not legal advice. Contacting this office does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Responsible attorney: Jonathan M. Francis, 3525 West Peterson Avenue, Suite 604, Chicago, Illinois 60659.