Higbee & Associates, Copycat Legal, or PicRights Letter? What to Do About a Photo Copyright Demand

Higbee & Associates, Copycat Legal, and PicRights send large numbers of demand letters over photographs used on websites without a license, usually with a big number and a short deadline. Do not ignore the letter, and do not pay it before you know whether the claim holds up. Jonathan Phillips has negotiated these demands well below the opening ask and has quashed subpoenas from serial copyright enforcers.

At a Glance

  • Who sends these: Higbee & Associates, Copycat Legal, PicRights, and similar firms, for photographers and photo agencies

  • What they claim: A copyrighted photo was used on your website or social media without a license

  • Damages if the photo was registered in time: $750 to $30,000 per photo; up to $150,000 if willful, plus possible attorney's fees (17 U.S.C. §§ 504(c), 412)

  • If it was not registered in time: Usually actual damages only, often close to a normal license fee

Questions to ask before you pay anything

  1. Is the photo registered with the Copyright Office, and when? Registration is required before suing (17 U.S.C. § 411(a)), and late registration usually rules out statutory damages and fees.

  2. Does their client actually own it? These firms represent photographers and agencies, and the chain of title is not always clear.

  3. Did you have a license? A stock-site receipt, a web designer's license, or a theme that bundled the image can end the claim.

  4. Is there a defense? The DMCA safe harbor may protect platforms where users posted the image. Fair use is a real four-factor analysis, not a feeling that the use was harmless.

What If the Claim is Valid?

The demand is still often well above what a court would award or what these firms accept. Knowing both numbers changes the conversation, and most of these resolve without a lawsuit.

What to Do in the First Week

  1. Take the image down, but keep a copy and a record of where and when it was used.

  2. Find any license, receipt, or designer agreement covering the image.

  3. Do not reply to the sender or agree to a payment plan yet.

  4. Note the deadline in the letter.

  5. Book a short consultation; half an hour usually tells you your options and a realistic resolution.

Frequently Asked Questions

I took the photo down. Am I done? No. Removal limits future exposure but does not resolve the past use.

My web designer put it there. Is that my problem? Usually you are still the one being asked to pay, but you may have a claim against the designer.

What does it cost? Flat fees are available for most demand-letter matters.

Jonathan L.A. Phillips, Brown, Hay & Stephens, LLP. Part of the Serial Plaintiff Tracker. Last reviewed October 2026. Prior results do not guarantee a similar outcome.