Excuse the misspelled words and grammar, this section have not been proof read by my wife yet.
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July 6th, 2022 - July 26th, 2022
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All five letters sent to me in,
July of 2022
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Letters dating,
July 6th, 2022 Asking for $22,125.00 for claim number 6PEEMQ
July 7th, 2022 Asking for $9,600.00 for claim number XQVVPY
July 13th, 2022 Asking for $1,335.00 for claim number L6OO51
July 26th, 2022 Asking for $1,563.00 for claim number N5MMOZ
July 26th, 2022 Asking for $2,000.00 for claim number OQ993N
For a grand total of $36,623.00
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Groundhog's Day is now turned into a nigthmare.
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The first letter dated, July 6th, 2022 6PEEMQ for $22,125.00
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I was approached by Higbee & Associates on July 6th, 2022, *
Re: Claim Number: 6PEEMQ FRE 408 Settlement Communication
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The letter goes on to say: Dear Sir or Madam, The Law Firm of Higbee & Associates represents The Associated Press. After making several unsuccessful efforts to resolve a copyright matter (PicRights Claim Number 520647596372) with West Saint Paul Antiques, The Associated Press has now hired our law firm to pursue this claim. We hope that we will resolve this matter without going to court. You may wish to hire an attorney and forward this matter to them.
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Plesse see the attached exhibits that show the use of the copyrighted works and the alleged infringing use. If West Saint Paul Antiques has a license to use the image, please let us know so that we can close this case and apologize for the inconvenience. You can email me at claims@higbeeassociates.com .
Also, if you are a non-commercial entity or if you do not conduct business in the US, please let us know as you are probably receiving this letter in error. In general, we define commercial entities as any individual or entity that derives or attempts to derive revenue through selling advertising, promoting or goods or services, or soliciting donations.
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If West Saint Paul Antiques does not have a license, we believe the use of the work is a violation of The Copyright Act, Title 17 of the United States Code. If forced to go to court to resolve the matter, our client will ask for the maximum justifiable damages. Our client also ask the court to order West Saint Paul Antiques to pay their attorneys fees and court costs. Copyright lawsuits can result in judgments and liens on property. In some instances, the business owner can be held individually liable. We are enclosed relevant sections with this letter so that you can see the potential damages.
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Our client is now asking that West Saint Paul Antiques pay $22125 to settle this matter. This amount takes into account the normal licensing fee, the costs incurred in detecting and pursuing the unauthorized use, and the nature of the use. If you believe there are factors that should make this amount lower, or justify withdrawal of this claim, please let us know by calling us or sending us an email. We welcome the opportunity to have a discussion about the matter.
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If you wish to quickly and efficiently resolve this matter without any discussion, return the attached release agreement along with your payment of $22,125
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The letter was signed by, Mathew K. Higbee, Attorney at Law
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* This case should be dismissed.
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1) PicRights, did not made several efforts to resolve this copyright matter with West St Paul Antiques. The several attempts to resolve a case was in 2017 & 2018 not in this case. Compare the two cases. PicRights reference Number: 1447-7737-5436 attempts made to resolve that case was made on November 15th & December 13th, 2017 & January 3rd, 2018 before sending the case to your law firm. The first letter I recived from Higbee & Associates was on September 19th, 2018 for that case. Your Claim Number: 516719 In this case 6PEEMQ, RicRights sent me this letter dated June 20th, 2022. I received that letter several days later. On the 2nd page of this letter it reads: " We would like to resolve this time-sensitive issue as soon as possible and request that you respond within 14 days from the date of this correspondence. I received your firm's letter dated July 6th, 2022.
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2) I maintain that all of the following Exhibits A through GG are informational and educational with no profit gaind by Myself , My Family or West St Paul Antiques.
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3) See examples of the exhibits above in PicRights Reference Number: 5206-4759-6372
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4) All of these photo(s) are as follows ("11 photos of the San Francisco Giants World Series Winners in 2010, 2 photos, for my Veteran's web pages, 7 photos from the Legend of Groundhog's Day web pages, 5 photos of the Texas Rangers Baseball team, 1 photo of the the Minnesota Twins Baseball team web page. 1 photo of the Los Angeles Angels Baseball team, 2 photos from the Oklahoma City Bombing web page, 1 photo from one of my Saint Patrick's Day web pages, 1 photo from one of North High School Class of '66 web pages. Remembering the 70's web page, 1 photo from a Blogs Index web page and 1 photo of 9/11 The Day The Eagle Cried, a web page for the September 11th, 2001 attack." ) All of these photos were on the website before the first notification from RicRights on November 15th, 2017 in fact 1 of the photos was on the same web page. Exhibit O
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Sure looks like a coordinated attack between your law firm and PicRights International Inc.on my company website.
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Important Message
This Website Terms and Condition of Use Agreement
also known as a 'terms of service agreement'
Will be at the bottom of most web pages!
Please read it before using this website.
Thank You
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This website contains, in various sections, portions of copyrighted material not specifically authorized by the copyright owner. This material is used for educational purposes only and presented to provide understanding or give information for issues concerning the public as a whole. In accordance with U.S. Copyright Law Title 17 U.S.C. Section 107, the material on this site is distributed without profit. More Information
Information presented based on medical, news, government, and/or other web based articles or documents does not represent any medical recommendation or legal advice from myself or West Saint Paul Antiques. For specific information and advice on any condition or issue, you must consult a professional health care provider or legal advisor for direction.
I and West Saint Paul Antiques can not be responsible for information others may post on an external website linked here ~ or for websites which link to West Saint Paul Antiques. I would ask, however, that should you see something which you question or which seems incorrect or inappropriate, that you notify me immediately at floyd@weststpaulantiques.com Also, I would very much appreciate being notified if you find links which do not work or other problems with the website itself. Thank You!
Please know that there is no copyright infringement intended with any part of this website ~ should you find something that belongs to you and proper credit has not been given (or if you simply wish for me to remove it),
just let me know and I will do so right away.
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Website Terms and Condition of Use Agreement
also known as a 'terms of service agreement'
By using this website, West Saint Paul Antiques . Com, you are agreeing to use the site according to and in agreement with the above and following terms of use without limitation or qualification. If you do not agree, then you must refain from using the site.
The 'Terms of Use' govern your access to and use of this website and facebook pages associated with it. If you do not agree to all of the Terms of Use, do not access or use the website, or the facebook sites. By accessing or using any of them, you and any entity you are authorized to represent signify your agreement to be bound by the Terms of Use.
Said Terms of Use may be revised and/or updated at any time by posting of the changes on this page of the website. Your continued usage of the website, or the facebook site(s) after any changes to the Terms of Use will mean that you have accepted the changes. Also, any these sites themselves may be changed, supplemented, deleted, and/or updated at my sole discretion without notice; this establishes intellectual property rights by owner (myself).
It saddens me to include a Terms of Use for West Saint Paul Antiques . Com, but we all realize it is something that is necessary and must be done these days. By using the website, or facebook for West Saint Paul Antiques, you represent that you are of legal age and that you agree to be bound by the Terms of Use and any subsequent modifications. Your use of the West Saint Paul Antiques sites signify your electronic acceptance of the Terms of Use and constitute your signature to same as if you had actually signed an agreement embodying the terms.
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