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Scan for outdated or missing drivers - takes under a minuteDriver Scan →Clear out junk files and repair common Windows errorsFree Scan →Higbee & Associates is a law firm that says it helps copyright holders register and enforce their rights. Critics, including attorney Paul Alan Levy, have called its enforcement approach aggressive and used the phrase “copyright troll”; that is criticism, not a formal court classification. If you received a letter from the firm, it is not by itself proof that a lawsuit has been filed or that you owe the amount demanded. The facts of the work, the rights claimed, any license, and the letter’s procedural status matter.
What does Higbee & Associates do?
Higbee & Associates describes its copyright practice as representing creators and other copyright holders, from part-time creators to large news agencies. Its listed services include copyright registration, monitoring for possible unauthorized use, demand letters, settlement negotiations, assistance with DMCA takedown requests, and litigation. These are the firm’s descriptions of its own work, not independent findings about its results. Higbee & Associates’ copyright services
The firm says it has helped clients recover “nearly $100 million dollars” and reports an 80% settlement-before-court rate. Those are firm-published figures; the sources available do not independently audit them or establish the firm’s overall claim accuracy, demand volume, or recipient outcomes. Higbee & Associates’ copyright services Higbee & Associates’ copyright enforcement information
The firm also lists examples of recoveries, including a $1,175,000 jury verdict concerning one nature photograph, a $550,000 settlement concerning 22 stock photos, and a $240,000 settlement concerning two photo shoots. These are examples published by the firm, not independently verified case summaries in the sources cited here. Higbee & Associates’ copyright services Higbee & Associates’ copyright enforcement information
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Why do critics use the phrase “copyright troll”?
“Copyright troll” is a pejorative label critics use for an enforcement approach they consider overly aggressive or based on weakly supported settlement demands. In 2020 commentary, attorney Paul Alan Levy wrote, “Plainly, this is a copyright troll with an outsized reputation.” That is Levy’s opinion, not a judicial finding. The sources reviewed do not establish that a court formally classified Higbee & Associates as a copyright troll. Paul Alan Levy’s 2020 commentary
Public filings illustrate why some recipients have objected, but their evidentiary status is important: two examples are complaints recording plaintiffs’ allegations, and another is a declaration from a Higbee attorney describing his account of a negotiation. None should be treated as a finding that the conduct alleged was proven.
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Allegations in two complaints
A complaint filed by Meyer alleged that the plaintiff had a license but received a demand asserting infringement, referring to potential statutory damages, and setting a response deadline. A separate complaint filed by Anderson alleged a $6,750 demand and language warning that the amount could rise substantially in litigation. Those pleadings show the kinds of disputes that can arise over licensing and demand-letter language; they do not prove that the demands were improper or that the allegations were adjudicated. Meyer complaint Anderson complaint
A different account in a filed declaration
In a 2019 declaration, Higbee attorney Ryan E. Carreon said that CartoonStock and PicRights retained the firm to send a letter about a cartoon and that negotiation reduced the demand to $500. This is the attorney’s account of that matter, not a court finding that the use infringed copyright or that the original demand was proper. It does show that a demand can be negotiated. Carreon declaration
Together, these examples do not establish that every letter is invalid or that all matters handled by the firm follow the same pattern. A claim may have a real basis while the recipient disputes who owns or controls the rights, whether the use was licensed, whether infringement occurred, or whether the requested settlement amount is justified. The label does not decide those questions.
Is a Higbee letter a lawsuit, and does it mean you have to pay?
A demand letter and a filed lawsuit are different things. A letter requesting payment is a pre-suit communication; it is not, on its own, proof that a court case has been filed or that a judge has ordered payment. Whether a particular matter has progressed to litigation depends on its actual court status, not just the wording or urgency of a letter.
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The firm describes statutory damages of $750 to $30,000 for unintentional infringement and up to $150,000 for willful infringement, while noting that not all claims qualify. These are potential statutory amounts described on the firm’s website, not automatic liability or an amount a recipient must pay simply because a demand arrived. A settlement request is not the same as a court-determined award. Higbee & Associates’ copyright services Higbee & Associates’ copyright enforcement information
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What should you check if you receive a letter?
The sources do not support a blanket rule to pay, ignore, or respond to every letter in one particular way. The relevant facts are specific to the work and the alleged use. Consider reviewing:
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- The work and alleged use: Does the letter identify the image or other work and where it was allegedly used?
- The claimant’s authority: What information supports the claim that the sender’s client owns the relevant rights or is authorized to enforce them?
- Your permission or other relevant facts: Do you have a license, purchase record, permission, or other documentation relevant to the use?
- The procedural status: Is this a demand letter, or have court papers actually been filed? Preserve any papers received and check the stated court and case details if litigation is claimed.
- The amount requested: Is it a proposed settlement amount, or an award ordered by a court? Do not treat those as interchangeable.
Keep the letter, related emails, the image or other work at issue, and records showing where it came from and what permissions applied. If the claim concerns you or your business, independent copyright counsel can assess the specific facts and applicable deadlines. The examples above do not determine the merits of an individual claim.
What does the firm say about its fees?
Higbee’s enforcement page lists hourly rates of $325 to $750 and contingency fees of 30% to 50%, depending on the attorney and arrangement. These are the firm’s published descriptions of its own fees, not an independent comparison with other firms. Higbee & Associates’ copyright enforcement information
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