Agence France Presse Copyright Letter from Higbee Associates

[All-Irish]

I used 4 pictures that Higbee Associates claims were owned by Agence France Press. The pictures were victims of a storm and my articles as about important it is to have strong windows, which is educational. Wouldnt’ this be fair use which should prevent Agence France Presse from having a copyright claim against me?

Also Higbee and Associates is asking that I pay $4580, which seems way too high. I looked on Getty’s web site and the images could have been purchased four about $400 each, which would only be $1600. Should I offer $1,600. I would be fine paying that or even $2,000. $4500 seems too high.

Also, if Agence France Presse is in France, can they sue me in the US?

[Editor]

Yes, Agence France Presse can sue you in the US. Not that is is a requirement, but it appears that Agence France Presse does have an office in Washington DC. Higbee & Associates does occasionally sue on behalf of Agence France-Presse for copyright infringement. There have been a couple of cases in the last few months.

Assuming you do not have a license, your approach of offering something is good as it will probably reduce the chances that your claim turns into a lawsuit.

I would expect that Agence France Presse will give you a counter offer. Most copyright holders are not content to settle these matters for just the cost of the license.

• This reply was modified 4 years, 2 months ago by Editor.
• This reply was modified 4 years, 2 months ago by Editor.

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