Received a Higbee Infringement Letter?

How to Respond to a Higbee & Associates Copyright Infringement Letter

If you’ve received a copyright infringement demand letter from Higbee & Associates, you’re not alone. This California-based law firm is known for sending mass claims on behalf of photographers, artists, and image licensing companies; and their letters often come with a high-dollar settlement demand, usually for an image you may not even remember using.

Whether you’re a small business, content creator, agency, or e-commerce seller, the important thing is this: don’t ignore it. But don’t panic either.

This article will walk you through what these letters are, why you received one, what your options are, and how having a knowledgeable attorney in your corner can save you serious money, often for a predictable flat fee that makes it more cost-effective than settling alone.

Why Did I Get a Letter from Higbee & Associates?

Higbee & Associates represents a range of clients from individual photographers to stock image companies, and uses software tools to scan websites, blogs, and e-commerce platforms for alleged unauthorized use of images. If they find content that appears to be used without a proper license, they generate a demand letter, often including:

• A claim of copyright infringement
• Screenshots of the image on your website or platform
• A demand for payment, typically ranging from $750 to several thousand dollars
• A tight deadline to respond (often 14 days)

Even if you removed the image or obtained it from a third-party source (like a web designer or social media scheduler), you can still be targeted if you can’t prove a valid license.

Are Higbee Letters Legitimate?

Yes. Higbee is a real law firm, and the copyright owners they represent often do have valid registrations with the U.S. Copyright Office. Under federal law, they have the right to pursue unauthorized use of those works, and if you used a copyrighted image without a license, they are not bluffing.

However, that does not mean you have to pay the full amount demanded, or that you don’t have defenses.

Should I Ignore the Letter?

No. Ignoring the letter rarely works. Higbee is known for escalating claims and filing lawsuits in federal court, especially if they don’t get a response. Many of these suits are filed against small businesses, LLCs, and individuals, because once a copyright is registered, the owner can seek:

• Statutory damages up to $30,000 per work (and more if willful infringement is proven)
• Attorney fees, which can significantly raise the stakes
• Court orders to remove or stop using the image

Even if you believe you’re not at fault, failing to respond can increase your financial exposure.

Can I Settle for Less Than They Demand?

In many cases, yes. Higbee often accepts lower settlement offers, especially when a legal representative negotiates on your behalf.

Here’s what influences their willingness to reduce the amount:

• The strength of your legal defenses (e.g., innocent use, implied license, improper registration)
• The factual record (e.g., how long the image was live, how widely it was used)
• The tone and content of your response
• Whether you’re represented by counsel

Having a skilled copyright attorney who understands Higbee’s tactics can reduce your financial liability and streamline the process.

What If I Purchased the Image or Hired Someone to Design the Content?

If you obtained the image from a third-party source (like a freelancer, marketing agency, or template provider) you may have a defense if you can provide:

• A license or receipt proving you had permission to use the image
• A contract showing the designer was responsible for sourcing legal assets
• Evidence the image was used under a valid “fair use” or exemption (rare, but possible)

Even if you weren’t personally at fault, liability can still fall on you if your business or website published the content. That’s why your defense strategy should focus on mitigation and factual clarity, not just pointing fingers.

Why Hire a Law Firm Instead of Just Paying?

There are several reasons to work with an attorney instead of responding on your own:

1. You get stronger negotiating leverage. Higbee often lowers its demand more substantially when a lawyer enters the picture.
2. You avoid saying the wrong thing. Admissions made in DIY responses can hurt you if the case escalates.
3. You control costs. At Daniel Ross & Associates, we offer flat-fee representation for these matters, designed to fit within or below their initial demand, so you resolve the issue and save money at the same time.
4. You reduce stress. Having someone else take the lead — deal with Higbee, prepare the documentation, and draft the response — protects your time and peace of mind.

What Is Our Firm’s Process?

At Daniel Ross & Associates, we’ve handled many of these cases for small businesses, content creators, and agencies across the U.S. Our approach is fast, strategic, and cost-effective.

Here’s how it works:

1. You send us the letter. We’ll review it at no cost and assess your exposure.
2. We give you a flat fee quote. No surprise bills or hourly tracking.
3. We handle the response. We’ll negotiate with Higbee directly, present your best defenses, and work to reduce the final payment significantly.
4. You get peace of mind. Once resolved, you’ll receive documentation that confirms the matter is closed, plus tips to avoid future issues.

Final Thoughts: Don’t Overpay. Get Legal Help That Pays for Itself

If you’ve received a demand letter from Higbee & Associates, you have more power than you think, but only if you take the right steps.

At Daniel Ross & Associates LLC, we help clients turn a stressful legal demand into a manageable, cost-effective solution. Contact us today, and let’s find the best resolution for you.