Receiving a copyright infringement demand letter can be stressful—especially when you know you have a valid license for the image in question. Firms like Higbee & Associates and enforcement outfits such as PicRights send thousands of these letters every year. They demand large settlements (often between $1,500 and $20,000 per image) and cite the threat of statutory damages up to $150,000.
But here’s the good news: if you hold a legitimate license, you’re on solid ground. With the right response, these claims often collapse quickly. Let’s look at how these operations work, where their tactics fall short, and how to defend yourself effectively without paying money you don’t owe.
The Copyright Troll Business Model
Higbee & Associates is one of the most active copyright enforcement law firms in the U.S. They work closely with PicRights, a Swiss company that uses AI bots to scour the internet for potentially unlicensed images. When their system flags an image, PicRights sends a settlement demand (often $600–$1,400). If the recipient doesn’t pay, the claim is “escalated” to Higbee, whose demands typically range much higher.
Legal experts widely categorize Higbee’s practice as a “copyright troll” operation. Their focus is less about protecting creators and more about extracting settlements.
According to multiple reports:
- They keep 50% of all settlements as their fee, incentivizing inflated demands.
- Demands often exceed the real licensing fee by 300–500%.
- They target small businesses, nonprofits, and individuals who are easy to pressure.
As Public Citizen attorney Paul Levy put it, Higbee operates like “a copyright troll with an outsized reputation.”
Weaknesses in Their Tactics
Despite their intimidating tone,
Higbee’s demand letters have critical weaknesses:
- Lack of Registration Numbers – Without proof of copyright registration, they can’t collect statutory damages in federal court.
- Unclear Chain of Ownership – Many claims fail to document how the rights passed from the photographer to the agency they represent.
- Boilerplate Language – Their letters often look copy-pasted, heavy on threats but light on legal detail.
Most telling: when defendants have strong evidence and legal counsel, Higbee frequently drops cases rather than litigate. Attorneys who regularly deal with these claims report that 20–30% are dismissed entirely once challenged.
Why Your License is a Strong Defense
If you purchased the disputed image from a reputable stock agency (Shutterstock, Adobe Stock, iStock, Envato Elements, etc.), you already have the best defense possible.
Courts increasingly accept:
- License certificates or receipts
- Screenshots with timestamps
- Email confirmations and order numbers
Even if the rights-holder disputes your license, responsibility shifts back to the stock agency, not you. Many agencies provide indemnification (sometimes up to $250,000) in case of disputes.
The key is documentation. Keep organized records of your licenses and usage. If challenged, you can present them quickly and confidently.
Proven Response Strategies
When you receive a Higbee or PicRights letter:
- Stay calm and act promptly – Ignoring the letter can escalate matters.
- Verify the claim – Ensure the correspondence really comes from Higbee or PicRights, not a scammer.
- Gather your proof – Collect receipts, certificates, and screenshots showing you licensed the image.
- Respond professionally – Use a firm but polite tone. For example:
“We are in receipt of your claim [Reference #]. Please be advised our use of this image is fully licensed. Attached is a copy of the license purchased from [Agency] on [Date]. In light of this, there is no infringement and no basis for your claim. Please confirm this matter is closed.”
- Request their proof – Ask for copyright registration numbers, proof of ownership, and documentation of standard licensing fees. These requests often expose weaknesses in their claim.
- Don’t overshare – Avoid apologizing or admitting wrongdoing. Stick to the facts.
If they continue pressing despite clear evidence, let them know you’ll involve legal counsel. In many cases, simply copying an attorney on your email changes their tone immediately.
When to Involve an Attorney
While many claims end after you show your license, some require escalation.
Hiring a copyright defense attorney often pays for itself:
- Attorneys familiar with Higbee’s tactics routinely secure complete dismissals or settlements for 10–40% of the original demand.
- Without representation, many recipients end up paying 50–100% of the demand.
- Flat fees for defense often range $1,500–$3,000—far less than a drawn-out court battle or inflated settlement.
Given Higbee’s volume-driven business model, they rarely pursue strong, well-defended cases in court.
A Note on “Kira Frazier”
In some cases, letters are signed by names not found in bar records or professional listings—for example, “Kira Frazier.” Our research found no attorney by that name affiliated with Higbee. This could indicate a non-attorney staffer, a misspelling, or even a fictitious name.
If you encounter this, request verification of the person’s role and bar admission status. Questionable signatures further weaken their claim.
Key Takeaways
- Don’t panic – Higbee thrives on intimidation.
- Document your license – Screenshots, receipts, and certificates are your shield.
- Respond professionally – Be firm, factual, and brief.
- Push back – Ask for their proof of ownership and registration.
- Bring in an attorney if needed – Higbee often drops cases when faced with competent defense.
Ultimately, if you had a valid license, their case against you has no merit. Their business model relies on easy settlements, not expensive litigation against well-prepared businesses. With good records and a calm, strategic response, you can turn their threatening letter into nothing more than a temporary nuisance.
Bottom line:
If Higbee & Associates comes knocking, and you know you’re licensed, you’re already in the winning position. Stand firm, stay professional, and make them move on to easier targets.
Hollie Bryant-Foust
CEO & Founder
