Note: Due to the sharp increase in demand letters from PicRights and law firm Higbee and Associates on behalf of clients like AP, Reuters, Agence France-Presse, PA Images, etc., we have created a streamlined, flat rate consultation for evaluation of their claims/ demand letters. These consultations are $179 and last 30 mins, and we will provide (i) an evaluation of your letters/ circumstances, and (ii) next steps. This is our attempt to assist those who feel trapped by this stressful issue. This form is linked to my new email address and law firm, Way Law (caroline@waylaw.com).
To book a consultation call and to discuss your particular circumstances, please use this Calendly Link. You will be redirected to my Way Law scheduler.
(Last update: 01-13-2025)
It’s a day like any other. You’re working on your business. You’re in the zone. You’ve never even heard of a company called “PicRights”– let alone been threatened with a copyright lawsuit.
And then, you get a letter.
In this letter, it says that you’ve infringed on a copyright by posting some photo to your website back in 2016. And that letter is demanding $3500 in licensing fees.
What on Earth?
You laugh off the initial shock. This has got to be a scam, right?
Wrong.
While it’s [in my opinion] a predatory practice, it’s not* a scam. I include that asterisk because it’s not always entirely accurate, either (more on that below).
Alarmingly enough, I’ve seen a BIG spike in the number of claims and demand letters sent by groups like PicRights, FoodPhotos, Agence France Presse, and law firm Higbee & Associates.
Let’s talk about what you should do if you receive one.
[Note: You can also hear my thoughts on PicRights notices at the Lead Balloon Podcast, available at Apple Podcasts, Spotify, or anywhere you get your podcasts. As of May 9, 2024, some of this information is out of date. Please consult an attorney regarding potential damages and Statute of Limitations considerations.]
Is PicRights Legitimate? Is Higbee and Associates Legitimate?
In its entirety, they aren’t a scam.
But, in my opinion and experience, they aren’t always truthful and forthcoming, either.
PicRights is a “copyright enforcement and claims resolution” organization. They use 🤖 bots to crawl the internet and reverse-image search for images belonging to their “clients” or individuals who they represent— or allege they represent. They do represent numerous photographers, including some AP and Reuters groups.
However, it seems that sometimes the individual or company who owns the copyright is not involved. Allegedly, PicRights collects fees on behalf of the photographer without explicit engagement (note: this is based on anecdotal evidence and my own personal experience).
These bots comb through the annals of the internet, akin to Google’s search indexer. It finds everything, even images taken off the website and stored in files.
Then, once PicRights finds the image on your server, they send a demand letter for thousands of dollars claiming unauthorized “use” of the images. If you don’t pay them, they threaten to sue for $30k, $150k, or more. These numbers are based on the damages (read: money) set forth in the copyright act.
They provide a claim number and invoice, and ask for “prompt payment” to settle the claim. Otherwise, they say they will escalate the matter to their legal counsel.
Enter Higbee and Associates.
Is Higbee and Associates a Scam?
Higbee and Associates is the law firm representing/ working with PicRights and other various organizations like Agence France-Presse, AP, Reuters, PA Images, and other image licensing companies.
Once PicRights escalates the issue— typically because you’ve ignored their notice or told them to leave you alone— they send it to Higbee & Associates.
Higbee & Associates then sends you a demand letter via email and/ or snail mail. They demand more money and threaten to file suit for “up to $150,000 in damages.”
And they aren’t lying. They will file. They have done it in the past. And they aren’t totally bluffing.
BUT….they also might not have the rights they claim they do. Their letters aren’t always telling the entire story, and they often — in my experience— overstate their rights and the remedies available to their clients. They may not have the right to claim those “big money” damages.
[In my opinion] Picrights and its representatives at Higbee and Associates can be very nasty and threatening. And [In my opinion] they are deceptive. [In my opinion] they are misleading. And [in my opinion] it’s a predatory practice that exploits small business owners using outdated copyright laws that haven’t quite kept up with the internet.
But that doesn’t mean it’s a scam. In fact, many times, they do have the legal right to demand some sort of compensation.
But I’ve also seen instances where they don’t have that right. And in my opinion, that’s not forthcoming behavior from Picrights or its representatives at Higbee and Associates.
Should I Pay PicRights?
You wouldn’t just pay a bill that shows up in your inbox without figuring out what it’s for, would you? In the same vain, before evaluating the veracity of their claim, do not pay anyone for anything– including PicRights.
In the year 2025, when internet scams run amok, we’re not going to simply pay people without doing our due diligence on those demands.
Additionally, in my professional experience, I’ve had instances where PicRights and/ or its representatives at Higbee and Associates do not possess the rights they allege.
With the permission of the client, I will share that recently, that client was hit with a PicRights (and Higbee) demand letter. We, in return, demanded to see the deposit copy (the documents that go to the copyright office to show what you’ve claimed rights over).
They refused to send us that information. Instead, they wanted us to blindly pay them for a license for a property their client allegedly owned.
We refused, and pulled the deposit copy ourselves.
Now, this was expensive. To pull a deposit copy is $250-600 average, and sometimes, the deposit copies are not available. That cost is not lost on me. However, that cost can be worth it– and it was in this case.
The deposit copy came back and guess what? The photograph over which Picrights was asserting rights? Nowhere to be found. It was not part of the claimed copyrighted work. The photo they were demanding over $2000 for was nowhere to be found in the copyright registration they were touting (And remember, a registration is required for a lawsuit in the US).
After this experience, I became extremely skeptical of their claims, and will always require a deposit copy pull before moving forward with settlement. I always ask for a deposit copy.
We’ve now had several instances just like this one where the deposit copy did not match the image in question.
What should I do if I get a letter from PicRights? Or Higbee and Associates?
Cut back to scene one, where you’re sitting with that demand letter in your hands. You’re sweaty and stressed. I get it. What now?
- If you’re contacted by Picrights, Higbee, or any other of these organizations OR receive communications from them, DO NOT ENGAGE in a back and forth with them.
- Don’t sign anything without having a lawyer look at it.
- Don’t pay anything without having a lawyer look at it.
- Don’t admit, deny, or put any dates, uses, or other admissions in writing. This includes saying “this is fair use!” or “I got it off of Wikipedia!” Remember: “everything you say, Higbee and Associates or Picrights can and will use against you!”
- DO NOT think they will just go away. These are automated and/ or high-volume letters that are part of a very well oiled machine, and Picrights or Higbee & Associates will more than likely follow up.
- DO ask for their copyright registration certificate.
- DO sit down and write out the following information:
- Where you found that image (if possible)
- The first date it appeared on your website, blog, or social media (this is very relevant to the murky Statute of Limitations for copyright law)
- The last date it appeared on your website, blog, or social media
- The context in which it appeared on your website, blog, or social media
- If it is still available on your website, blog, or social media.
- If the image is displayed via an RSS feed or an embedded feed of any kind.
- DO Get a lawyer. Make an appointment with one who practices copyright law regularly. They will want to know those dates that I posted above, because copyright is a very nuanced and fact specific practice.
- DO NOT panic.
What about the Statute of Limitations?
As of 2024, we know that the statute of limitations for copyright law is 3 years. HOWEVER, we still have a murky analysis on when the statute of limitations for copyright starts. Warner Chappell v. Nealy didn’t help too much, and we have a “circuit court split”– some use the date of alleged infringement, and some use the date the copyright holder “knew or should have known” the infringement began.
For a detailed explanation on this, check out this blog post.
We can take a look at your specific situation (and compare it to recent copyright rulings on statutes of limitations) to figure out if this might be a defense.
IN THE FUTURE…..
- Always use properly licensed images. Don’t just grab screenshots off of Google images.
- Remember that attribution is not the same thing as a license.
- Audit your website. If you don’t know where every single image on your website, blog, and social media came from, take it down. Then, delete it from your server. Crawler bots can find past use and locate those old files. Instruct all of your social media managers, web designers, and content creators to use only approved sources for images.
- Consider indemnity clauses in agreements with third party designers + creators or SEO specialists. Remember: not knowing something was infringing isn’t considered an excuse! If your web designer uses a non-licensed photo, you’re still on the hook for infringement. Indemnity clauses can help make sure they repay you for that loss.
Have you received a PicRights demand letter or a communication from Higbee and Associates? Contact us for a non judgmental evaluation of your situation. Caroline has reviewed hundreds of demand letters from PicRights, and can give you data-driven strategy for handling these claims. We’ve all made mistakes– let us help you!
July 5th, 2023 at 3:09 PM
[…] we have witnessed a significant increase in copyright infringement claims made by groups such as PicRights, FoodPhotos, Agence France Presse, and other groups. These entities employ automated bots to scour […]
July 11th, 2023 at 11:40 PM
I just copied by this company and are being asked to take down pictures from some of my own exercises. others were taken from the internet and not indicated they were copyrighted they want $650.00 for past usage.
Philip White
7007333-3577
July 11th, 2023 at 11:42 PM
see above
October 2nd, 2023 at 2:40 PM
yes, we received a letter from them to asking $500 or they will report us to the attorney. we dont know what picture as pictures were available everywhere in Google for public to view. Web site builder use that, Not for our advantage. What are the next steps? please advise
October 8th, 2023 at 10:23 AM
Isn’t there a 3 yr statute of limitation? They claim I used a picture 5 years ago, can they still sue?
January 3rd, 2024 at 5:52 PM
This is a scam. Or a shakedown. Since AI now allows these bots to track down images that have been up forever.
As a photographer we are paid a pittance. So how can these companies claim such high rental rates?
It’s ransonware as far as I am concerned. Images from 2009?
March 15th, 2024 at 11:11 PM
In the US, isn’t there a 3 year statute of limitations? I would think they can’t go after anyone for anything published more than 3 years ago… but they seem to do it regularly. I’m guessing you’d need to consult a lawyer about that and have them respond accordingly.
May 27th, 2024 at 1:30 PM
There is a 3 year statute of limitations, but there is a circuit court split on it right now. The Supreme Court is determining right now whether that start date is the actual alleged act of infringement OR when the copyright holder “knew or should have known” the copyright infringement occured.
January 11th, 2024 at 10:52 PM
The Higbee firm asks for $500, undoubtedly aware that it will cost close to that to engage a copyright lawyer. What do you typically charge to send a response?
January 23rd, 2024 at 11:10 AM
I’m in the UK and in december 2023 I received a demand for £1492.00. on behalf of AP.
I used a designer for my site about 14 years ago ( they are no longer operating.)
Pic rights have given a swiss bank account and a UK bank account to pay the money into.
I took the website down. Sunday evening 21st January 2024 They sent another demand
any help is appreciated
February 15th, 2024 at 6:22 AM
I’m based in Australia. I got legal advice and was told to ignore the letters as the cost of filing and going to court would not warrant escalation. It was bad advice. It has now been escalated to a major local law firm and the amount has increased. The letter from the law firm also states if it went to court & there was a judgement in favour of the plaintiff, i might be liable for legal costs. That is potentially a significant amount. So I’ll probably end up paying the PicRights amount, plus the cost of the legal advice i got.
I would recommend you get a quote from a lawyer to review your situation and then go from there.
February 15th, 2024 at 1:27 PM
It’s definitely worth it to discuss with an attorney.
February 5th, 2024 at 6:03 PM
I received an initial demand letter in August 1923. This letter stated a picture was used on our website that was in violation of copyright laws. The time this graphic went onto our website, I did not own the business. The website designers have no history of this picture being used since we have now deleted it from the website and our server. I have found the picture, it is on master file as Higby associates has stated. They are demanding $7000 for this picture. Any advice is appreciated.
February 22nd, 2024 at 4:05 AM
We have had demand from Picright for over £500 for a small image used on a news article we wrote back in 2019. I have been advised that here in the UK, this can go to court and if we lose, we are likely to be told to pay a reasonable cost for the image use, some court fees, and that’s about it. The total will be a lot lower than the £500 being demanded by Picright. It seems that UK law in a matter like this, does not allow legal costs to be claimed back by Picright. We have decided to see if they escalate this crazy demand for money and if they do, we will go to court prepared to lose. But would rather do that as it will cost less than paying their extortionate demand.
February 22nd, 2024 at 3:15 PM
I am not familiar with UK IP law, so my recommendation is to take the counsel of your UK IP Attorney. Best of luck with this!
March 27th, 2024 at 8:44 AM
It’s now one month later since you have posted your comment. Was there any development since?
February 22nd, 2024 at 3:11 PM
I received a demand from PicRight. They picked up the image from a historic website of a corporation that does not exist anymore, a corporation where I was a partner. Can you help me resolve this claim?
February 22nd, 2024 at 3:16 PM
I’m sorry that you’re having this issue. The best way to obtain our assistance is by filling out our consultation form, linked at the top of this page.
March 12th, 2024 at 3:09 PM
I used an image in a report for a school project years ago. Forgot all about it. Then, I received a notice from Pics Rights about it, and now Highbee. This was essentially a school report assignment. They want thousands now. Is this legit?
March 12th, 2024 at 3:21 PM
This sounds quite stressful. Because these are so fact- and date-specific, the best way to determine any legal rights or defenses is by filling out our consultation form, linked at the top of this page.
March 12th, 2024 at 4:34 PM
I received a email from Higby Law Firm stating that I used a copyrighted image on our church website without permission and immediately ordered to pay over 1k to settle the matter with their client AFP. The image was removed immediately from the servers.
I responded to the matter by stating that we are a local church(non profit) and believe we received this letter in error and asked for more info.
When asked about a copyright cert or deposit copy, they responded by saying the client has not registered the image as of yet. I would like some advice on next steps since we are a non profit org and believe we used the image as fair use (commentary on the image) and did not intend to make an y sort of monetary or donation gain from this use.
March 12th, 2024 at 4:41 PM
Adam,
Good job in knowing to ask for that certificate! For next steps, the only way we can provide legal guidance on your particular circumstances is through a consultation. We provide flat rate 30-minute consultations, and you can start the process by following this link.
March 12th, 2024 at 4:39 PM
We received a letter from higbie law firm stating that we used an image on our website without permission and order to pay over $1,000 to resolve the matter. We are a local non-profit church and are use of the image we felt fell under the fair use act because we only provided a commentary of the image and it was not used to gain any financial gain or donation gain from said use.
I responded to them by letting them know that we are a local non-profit church and believe we received this letter in error. I then asked for the title, the registration certificate, and the deposit copy, as well as any further additional documentation that could help us in our internal investigation.
They responded by saying that their client has not registered this image but can and I can still be liable even in late registration for damages.
I would like some advice on next steps moving forward since we are a non-profit and did not use this for any financial gain, I’m not sure what damages can really be held here on an unregistered copyright.
March 13th, 2024 at 8:50 PM
Yes, I received three letters representing picrights. Two small photos each from AFP, AP, Reuters for $3750, 3450, 6550. These were in PDF format on my site (newsletter).
Been couple weeks and they sent emails. Can not find a lawyer here (all too busy and none know copyright?!). What to do? Getty had a company call me on two small images and we did settle for 50%. Desperate in Idaho
March 14th, 2024 at 8:33 AM
Chuck,
The only way we can provide legal guidance on your particular circumstances is through a consultation. We provide flat rate 30-minute consultations, and you can start the process by following this link.
May 7th, 2024 at 2:55 PM
This is spot on. They discuss how it’s cheaper to settle than to pay an attorney. They are counting on you paying them out of fear.
May 27th, 2024 at 1:27 PM
There are definitely numbers considerations here.
May 27th, 2024 at 6:42 PM
Hi there, I used some pic on my website that i’ve got it somewhere from internet. This pic was combined (collage) from 2 pics with some text over (funny pic). So, one ot those 2 pics, according to the Pics Rights is copyrighted.
My question is, if i used modified pic (collage) that was created by someone, that contains copyrighted (according to Pics Rights”) part, if they have a case?
May 29th, 2024 at 12:00 PM
Hello there, please click on the link at the start of the page to schedule a consultation call. We are unable to provide substantive legal analysis via this blog.
July 6th, 2024 at 12:40 AM
Our small business has also experienced this at a time when every dollar really matters to the business. Is there a way to establish a class action suit against PicRights for “predatory practice that exploits small business owners” – and include those companies who’ve hired them as their “henchmen”? It is one thing to seek reasonable restitution and entirely another to take this approach to squeeze small businesses with limited resources who have done their best to ensure they weren’t using copyright images.
July 16th, 2024 at 1:31 PM
Can you purchase the rights to the image in question after receiving the Picrights violation to avoid/squash the infringement? That would only cost us $175.
July 16th, 2024 at 1:43 PM
From our experience and from the emails that they send out, this does not resolve the alleged infringement issue.
August 4th, 2024 at 3:49 PM
Is it a bad ideal to reach out to the photographer to work it out or to see if they own the photo?
September 16th, 2024 at 1:29 PM
Sometimes, the photographers may not know if they hold the copyright or if it was signed over to the agency. It might be helpful to review the copyright certificate first.
September 5th, 2024 at 7:32 PM
REcd 2 letters from PIC Right from Reuters and AP described by all above. My foreign webmaster emphatically said to ignore them but reading the comments above there seems to be liability they pursue. I am very worried as we are a non profit without a bank account devoted to single payer health care in State and the US.
September 16th, 2024 at 1:28 PM
It’s always a good idea to consult an attorney.
October 22nd, 2024 at 3:42 PM
If this is the form to fill out for a consultation…then I would like a consultation.
We were contacted by pic/rites
October 23rd, 2024 at 10:55 AM
Please click the link above in the bright yellow box to request a consultation.
October 29th, 2024 at 6:17 PM
I received a letter demanding $325 for an image that was put on in 2015 on a blog post when i was not even working. I had liver cancer and in 2015 and a liver transplant in 2016 and off work . I have 2 days left to pay before they escalate . It is not enough to justify paying $179 for a consultation. Not sure if I should just go ahead and pay. The image was removed immediately upon first notification
November 25th, 2024 at 12:23 PM
Have been receiving letter and emails from Higbee demanding we pay $26,000! For 2 images used on Instagram 2 years ago. They were removed when we received first contact.Now they’ve escalated and claim they will bring suit with a draft of unsigned court documents. We filled out a form for your firm to review. They are demanding we respond by 12/6. I’ve dragged this on since their first demand in October 2024.
November 29th, 2024 at 1:54 PM
Interestingly, PicRights is now trying to collect money for visual links on blog posts, even though it’s all programmatic, pulling metadata from the link destination and displaying something that was never downloaded, hosted, or distributed on one’s site. I wish I’d found you before I ever replied to their first email. Do you work with people after they’ve engaged with these jerks?
December 5th, 2024 at 7:49 AM
I had posted two pictures collected from the Internet this year, which Higbee now wants compensation for, as allegedly copyrighted by France Agence and Reuters. My site is more of a personal non-commercial site that I maintain to show friends and clients my background and who I am. The pictures were buried in a clickable slideshow on a separate page showing cities where I once had lived and worked. I am hoping they will consider it a “de minimis” claim, and dismiss it. They require over $ 3,000 in compensation. The page was taken down two months ago. They mention I can write them and explain the situation, as mitigating circumstances may exist. Any advice appreciated.
February 4th, 2025 at 2:12 PM
To Ms. CAROLINE FOX of CJFoxLawPLLC: This is my fourth attempt to reach you and/or your office staff since 1/17/2025, due to continued and increased phone harassment by Higbee. I congratulate you on your maternity leave, but I sent messages since you helped me a year ago and I thought that the Higbee issue was completely resolved once I was able to use my contacts at the Library of Congress to prove that there was NO COPYRIGHT REGISTRATION CERTIFICATE. I LISTENED TO ONLY THE FIRST VOICEMAIL FROM HIGBEE ON JAN. 17 2025 asserting “an early January DEMAND LETTER” NEVER RECEIVED BY ME, and have not listened to the 50+ received since then. They have accelerated. I grow concerned since NO ONE FROM YOUR OFFICE HAS CALLED BACK as your website said would occur. Instead, A NEW AND VERY DIFFERENT WEBSITE HAS APPEARED UNDER YOUR NAME, WITH NO REFERENCE TO PICRIGHTS, HIGBEE, OR AN OFFER TO LISTEN FOR A FEE AND PLAN A STRATEGY THAT WORKED BEFORE. These calls appear automated and do not occur on the weekend or holidays, suggesting that Higbee would respond if I picked up. FYI: Last year I traced the photo in Question from my national association (PATH International) through 14 bounces to Humboldt University in Hungary and also in Berlin, a FREE USE PHOTO with a license for educational purposes (we are an educational body) that would cease to require a fee after 3 years. It was long after that date that my use pccurred on the Website. It was removed by my staffer, and deleted from the server, when we received the letter last year.
February 4th, 2025 at 3:02 PM
Carol,
As noted in our out of office responders and in the notice bar at the bottom of this screen, Caroline is out of office on maternity leave from Dec. 23 through Friday Jan. 31. She returned yesterday. We are unable to respond to every email and phone communication within 24 hours from her return. We ask that you are patient and we will return calls and emails in the order in which they are received.
February 4th, 2025 at 2:19 PM
Please see the comprehensive writen note above.
Apologies for my typo on “occurred” at the left on the 4th. from the bottom line of my message below.
Thank you! Please clarify: have you given up this legal service? I was confused by the new website.
February 11th, 2025 at 12:45 PM
Hi we have been working with our local attorney to help resolve a picrights issues. We have entered into the offer phase to just get them to go away. I still feel as through we are getting pigeoned holed into paying an exorbitant for stock photo. At this stage is there any help you could provide given that we are in these “late” stages. I really wish I would have stumbled upon your services earlier.
February 17th, 2025 at 8:05 PM
Hey how did it go? We’re dealing with the same thing.
September 19th, 2025 at 5:58 PM
Anybody used such images via syndicated news content feed that is programmatically embedded via an API/RSS feed integration? This means content, including imagery, is displayed directly from the originating publisher’s servers and remains hosted externally whereby at no time was the image download, stores, or hosted.