Learning Journal - 8

BUS 2202 - E-Commerce

Instructor - Mohd Asad Siddiqui

1st November 2023

Introduction

The intricate relationship between intellectual property rights and e-commerce is at the centre

of the Lisa Coppola LLC v. Higbee case, which raises important moral and legal issues with

broad ramifications for the sector. This essay will examine the case's history, go over the

moral and legal questions it brought up, assess the case's importance to the e-commerce

sector, look at how intellectual property laws protect retailers, and offer recommendations for

remedies based on those rights.

The case's background:

Photographer Lisa Coppola filed a complaint for copyright infringement against Matthew

Higbee and his legal company in Lisa Coppola LLC v. Higbee. Higbee claimed that by

utilising model release forms on their websites without authorization, Coppola and other
photographers had violated his copyright and had received several cease-and-desist letters

from Higbee. Coppola said these allegations of copyright infringement were a legal extortion

tactic and had no basis in fact.

Important Legal and Ethical Concerns:

a. Copyright Abuse: Using copyright claims to intimidate photographers was one of the case's

main legal issues. It was alleged that Higbee and his company sent forceful cease-and-desist

letters, maybe without a good reason for copyright infringement. This raised moral concerns

about the exploitation of intellectual property rights.

b. Fair usage: The case also revolved around the idea of fair usage. Fair use permits the

restricted unrestricted use of copyrighted content for news reporting, commentary, criticism,

and educational purposes. The case made many wonder if using model release agreements for

photography purposes qualified as fair use or copyright infringement.

c. Online Reputation: The case brought to light how legal proceedings may affect a person's

livelihood and online reputation. The photographers' personal and professional life might be

jeopardised by Higbee's firm's aggressive legal strategies.

Importance for the E-Commerce Sector:

The e-commerce sector is interested in the Lisa Coppola LLC v. Higbee case for a number of

reasons.

a. Education on Intellectual Property: The case emphasises how crucial intellectual property

education is for online retailers. Due to a lack of knowledge about fair use and copyright

regulations, many people and companies in the sector may be open to unjustified legal

claims.
b. Deterrence of Unethical Practices: The case acts as a cautionary tale against unethical

actions, such as extortion or intimidation in e-commerce via copyright claims. In this digital

age, merchants must understand their rights and obligations.

c. Finding a Balance in Copyright Protection: This section highlights the necessity of finding

a balance between internet businesses' ability to operate without fear of unjustified legal

action and copyright protection.

Legal Protection of Intellectual Property for Businesses:

Intellectual property rules can shield online retailers in a number of ways:

a. Copyright Registration: Companies that sell intellectual property, such photographs,

product descriptions, or branding materials, have to think about registering these types of

works. Benefits of registration include the opportunity to sue for statutory damages, among

other legal advantages.

b. Fair Use Education: When producing content for their e-commerce platforms, merchants

need to be aware of the principle of fair use to prevent unintentionally violating copyrighted

works.

c. Legal Advice: When confronted with intellectual property-related legal issues, retailers

ought to get advice from professionals who can evaluate the veracity of allegations and

protect their interests.

Solutions to the Problems:

Establishing a sector-specific organisation devoted to teaching e-commerce merchants about

intellectual property rights and fair use would be one way to solve the main difficulties

mentioned in the Lisa Coppola LLC v. Higbee case. This company could provide tools and

online classes to assist merchants in comprehending their responsibilities and privileges. It

may, for instance, provide interactive lessons that highlight the distinctions between fair

usage and copyright violation using case studies and actual situations.

Additionally, this group may provide a service for resolving disputes between retailers and

copyright holders, which would assist to avoid needless lawsuits and discourage unethical

behaviour. Through promoting fair and ethical standards within the e-commerce business,

this group would mediate disagreements and facilitate discourse.

In conclusion, the Lisa Coppola LLC v. Higbee case explains the moral and legal difficulties

that online retailers encounter when negotiating the intricate realm of intellectual property. It

reminds us that traders need to be properly educated and protected. To ensure equitable

practices in the e-commerce ecosystem and protect intellectual property rights, one step

toward achieving this goal might be the establishment of an industry-specific organisation

that offers education and dispute resolution services. This case highlights the significance of

taking a balanced approach to safeguarding the interests of all parties concerned and provides

a striking illustration of how intellectual property laws and the e-commerce business interact.

Reference;

● Coppola v. Higbee, No. 1:19-CV-00678-CCR (2020).

https://law.justia.com/cases/federal/district-courts/new-york/nywdce/

1:2019cv00678/123696/29/