Last up date: 5/13/2023 (8:00 am )
Yubani Noriega,
Supervising Legal Assistant - Copyright Enforcement Division
Law Firm of Higbee & Associates
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Important Message
At the bottom of this webpage!
Please read it before using this website.
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This is my Overall Summary to date on the following claims.
Keep in mind that this is not the final draft, it's a work in progress for me.
Check out all the pages before drawing a conclusion.
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Excuse the misspelled words and grammar, this section have not been proof read by my wife yet.
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| PicRights Ltd., Higbee & Associates vs West Saint Paul Antiques |
I was first approached by PicRights Ltd. on November 15th, 2017. The letter says PicRights Ltd. on behalf of Agence France-Presse.
Image License Validation for Agence France-Presse - Reference Number: 1447-7737-5436
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The letter goes on to say: Dear Business Owner, As an introduction, PicRights Ltd. ("PicRights") provides copyright compliance services to third-party content owners, including Agence France-Presse. PicRights has noticed that imagery represented by Agence France-Presse has been displayed on your website. Agence France-Presse has been unable to find a license for this usage of the imagery by your company.
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At the end of this message, we've attached a visual of the imagery and its use on your website.
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Exhibit A - Higbee & Associates, Claim Number: 516719
"AND OUR FLAG WAS STILL THERE" The Day, The Eagle Cried - click here
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The photo in question was the remains of the collapsed Towers in New York on September 11, 2001. I found the photo on Facebook in 2001 with captions on it that read "AND OUR FLAG WAS STILL THERE" I placed it on my website, web page, that I called The Day, The Eagle Cried
click here with a sub-title that read " This Says it all...". The photo was removed immediately and I informed PicRights Ltd. that I had removed the photo in 2017. At the time in November 2017, I looked on Facebook for the photo so I could make a link to it from my web page tag, but I could not find it. Several years later it appeared in an article by the BBC called: 9/11 anniversary: Irish NYPD officer recalls horror of aftermath
Paul McCormack spent months clearing debris and bodies from Ground Zero.
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The photo in question by Doug Kanter/AFP, which I did not know at the time I placed it on my website, has a photo caption under it called: Citizens of 77 different countries were among the casualties on 9/11
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I was also approached by PicRights Ltd. on this matter, December 13th, 2017 & January 3rd, 2018. The letters said PicRights Ltd. on behalf of Agence France-Presse.
Unauthorized Use of Agence France-Presse Imagery - Reference Number: 1447-7737-5436 - West Saint Paul Antiques
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The letter goes on to say: We require a settlement payment of $710.00 for past usage of the imagery at issue, even after you have removed the image(s). Payment can be made by contacting us directly at 1 888 367 7778 or resolve@picrights.com, or through https://resolve.picrihts.com/144777375436.
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Higbee & Associates
September 19th, 2018
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I was approached by Higbee & Associates on September 19th, 2018,
Re: Claim Number: 516719 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 Agence France-Presse and PicRights Ltd. After making several unsuccessful efforts to resolve a copyright matter (PicRights Claim Number 144777375436) with West Saint Paul Antiques, they have now hired our law firm to pursue this claim. There is still time to resolve this matter before it gets more expensive and possibly ends up in court. You may wish to hire an attorney and forward this matter to them.
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Please 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. .
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, my clients will ask for the maximum relief possible, which, depending on the circumstances, may include statutory damages under 17 U.S.C. 504 for up to $150,000 for intentional infringement or $30,000 for unintentional infringement. My clients would also ask the court to have West Saint Paul Antiques pay court costs and attorney's fees.
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Copyright lawsuits can result in judgments, wage garnishments and liens on property. In some instances, the business owner can be held individually liable. We are contacting you now because our clients sincerely want to resolve this matter without forcing West Saint Paul Antiques to go to court and incur the attendant costs of litigation.
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Our client are now demanding that West Saint Paul Antiques pay $1775 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, please let us know by calling us or sending us email.
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To resolve this matter efficiently and amicably out of court, return the attached Release License Agreement, along with your payment in the form of a valid cashier's check or money order for $1775
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The letter was signed by, Mathew K. Higbee, Attorney at Law
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Time passed by and I did not hear from anyone on this claim of copyright infringement until June 2022 at which time I received 5 more requests for money on 5 claims of copyright infringement involving 42 images on West Saint Paul Antiques website. 5 of those images in question were on the same web page as the previous claim from Higbee & Associates dated September 19th, 2018 Claim Number: 516719
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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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