Plaintiff is the owner of the copyright in a model of cultural competency titled “Cultural Competency in Healthcare Delivery: Have I ‘ASKED’ Myself the Right Questions?”. Defendants, teachers for Evansville Vanderburgh School Corporation, allegedly used a portion of Plaintiff’s model without permission in a PowerPoint presentation entitled “Culturally Competent Classroom Management” (see Exhibit C below).
The PowerPoint presentation was apparently part of New Teacher Orientation materials. While the Complaint doesn’t elaborate, it’s quite possible the Defendants’ use will qualify for a “fair use” exemption from copyright infringement. Copyright Act Section 107 specifically exempts uses of copyrighted works for, among other things, teaching and scholarship. Defendants’ Answer and/or Motion to Dismiss should provide more detailed information about their use of the Plaintiff’s copyrighted work. Stay tuned for updates.
Josepha Campinha-Bacote d/b/a Transcultural C.A.R.E. Associates v. Evansville Vanderburgh School Corporation et al
Court Case Number: 3:14-cv-00056-RLY-WGH File Date: Friday, April 18, 2014 Plaintiff: Josepha Campinha-Bacote d/b/a Transcultural C.A.R.E. Associates Plaintiff Counsel: Avonte D. Campinha-Bacote of Campinha-Bacote LLP Defendant: Evansville Vanderburgh School Corporation, Dionne Blue, Deborah Hartz Cause: Copyright Infringement Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge William G. Hussmann, Jr.
The Plaintiff in this copyright lawsuit is an attorney and professional photographer living in McCordsville, Indiana. In 2000, Plaintiff took two photographs of the downtown Indianapolis skyline from a location on the Canal near the USS Indianapolis Memorial. Both of Plaintiff’s photographs were duly registered with the U.S. Copyright Office and posted on the Internet in August 2000. All of the various defendants have allegedly utilized Plaintiff’s photographs on their respective websites without permission.
Website owners, you should immediately check your websites to determine whether you know the source of EVERY photograph. Unless you’re certain that you have permission to use the photographs (or qualify for some exception to copyright infringement like fair use), remove/replace the photographs at once. These photograph copyright lawsuits have been occurring for far too long to continue to plead ignorance or innocent infringement. Take your own photographs, hire a photographer or license existing photographs. But don’t get caught in a lawsuit because you take the easy way out and grab an image from Google.
Whatever you do, definitely don’t use Plaintiff’s photographs…he has a long history of litigation to enforce his copyrights:
Richard N. Bell v. Diversified Vehicle Services et al
Court Case Number: 1:14-cv-00525 File Date: Monday, April 07, 2014 Plaintiff: Richard N. Bell Plaintiff Counsel: Richard N. Bell – Pro Se Defendant: Diversified Vehicle Services, Cameron Taylor, Taylor Computer Solutions, Rhonda Williams, Forensic Solutions Inc., Heath Garrett, Crestacom Inc., American Traveler Service Corp. LLC, Mike Cowper, Rensselaer Polytechnic Institute, Easystreet Realty Indianapolis, Drohan Management, Metal Markets, Mattison Corporation, Industrial Heating Equipment Association, Junk Dawgs, Kimberly Hinds Cause: Copyright Infringement, Unfair Competition, Theft Court: Southern District of Indiana Judge: Judge Sarah Evans Barker Referred To: Magistrate Judge Denise K. LaRue
Plaintiff has been licensing software from Defendant for about 16 years. In response to claims by Defendant that Plaintiff has exceeded the terms of the license (and a corresponding demand for $2 million in compensatory fees/damages), Plaintiff brings this action for declaratory judgment of non-infringement.
Union Hospital, Inc. v. Attachmate Corporation
Court Case Number: 2:14-cv-00045-JMS-WGH File Date: Wednesday, February 19, 2014 Plaintiff: Union Hospital, Inc. Plaintiff Counsel: Stephen E. Reynolds, Michael A. Wukmer of Ice Miller LLP Defendant: Attachmate Corporation Cause: Declaratory Judgment on Copyright Infringement Claims, Declaratory Judgment on Copyright Infringement Claims for Unregistered Copyrights, Declaratory Judgment on Breach of Contract Claims Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge William G. Hussmann, Jr.
They’re back! Just when you thought the BitTorrent download cases had stopped in Indiana, Nicoletti is back with a new lawsuit involving “Charlie Countryman,” a film starring Shia LaBeouf, Rupert Grint and Evan Rachel Wood. The film was released November 15, 2013 in the United States to largely negative reviews. Having failed at the box office, the producers have apparently turned to lawyers to recoup some of their costs from the 16 Hoosiers unlucky enough to have (allegedly) downloaded the film.
Countryman Nevada LLC v. Does 1-16
Court Case Number: 1:14-cv-00019-RLM-RBC File Date: Friday, January 24, 2014 Plaintiff: Countryman Nevada LLC Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC Defendant: Does 1-16 Cause: Copyright Infringement Court: Northern District of Indiana Judge: Judge Robert L. Miller, Jr. Referred To: Magistrate Judge Roger B. Cosbey
Here is yet another case involving misappropriated architectural drawings. Home builders, you should know by now that architectural drawings are protected by copyright law. If there’s a floor plan you really like, just pay for it! The price is beans (approx. $700-1500) against the cost of building a home.
Granite Ridge Builders Inc v. Ed Hollis et al
Court Case Number: 1:14-cv-00007-TLS-RBC File Date: Monday, January 13, 2014 Plaintiff: Granite Ridge Builders Inc Plaintiff Counsel: Thomas B. Trent, Susan E. Trent, Mark W. Baeverstad of Rothberg Logan & Warsco LLP Defendant: Ed Hollis, Sharon A. Miller, Old Dutch Homes Corp., Edward L. Kouder Cause: Copyright Infringement, Contributory Copyright Infringement Court: Northern District of Indiana Judge: Judge Theresa L Springmann Referred To: Magistrate Judge Roger B Cosbey
This litigation involves the unauthorized use of celebrity photographs on a Fort Wayne country radio station’s website.
The lawsuit should serve as a reminder/warning to everyone operating a commercial website to only use photographs that:
You own; or
You have permission to use; or
Are in the public domain.
This means going back through old pages and posts and removing/replacing unauthorized images. Failure to do this can result in expensive copyright litigation. If you have any questions about the photographs on your site, err on the side of caution and remove them until you’re able to properly determine ownership.
National Photo Group LLC v. Federated Media Inc. et al
Court Case Number: 3:13-cv-01405-PPS-CAN File Date: Thursday, December 26, 2013 Plaintiff: National Photo Group LLC Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC Defendant: Federated Media Inc., WQHK-FM Cause: Direct Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction, Attorney Fees and Costs Court: Northern District of Indiana Judge: Chief Judge Philip P. Simon Referred To: Magistrate Judge Christopher A. Nuechterlein
Court Case Number: 1:13-cv-01849-SEB-DML File Date: Thursday, November 21, 2013 Plaintiff: Redwall Live Corporation Plaintiff Counsel: Steven G. Cracraft of Brannon Sowers & Cracraft PC Defendant: ESG Security, Inc. Cause: Copyright Infringement, Breach of Contract, Unjust Enrichment Court: Southern District of Indiana Judge: Judge Sarah Evans Barker Referred To: Magistrate Judge Debra McVicker Lynch
Fun case. The work at issue is a “whimsical representation of a mining ore car used to display polished stone and an accompanying brochure that lists the type of stones displayed.” Defendant Squire Boone Caverns, located in Harrison County, Indiana, is allegedly producing and selling an infringing ore car.
The Plaintiff does have a copyright registration for a 3-Dimensional sculpture for “Ore Card Display and Game Cards.” However, there will certainly be some functionality challenges to overcome. Additionally, the Plaintiff will need to reconcile why the registration for a “wood constructed attraction” for game cards should extend to polished stones. Squire Boone’s ore car product is advertised in connection with polished stones. It’s not apparent from the Complaint or Exhibits whether the Squire Boone ore car is made from wood, plastic or metal.
This case will probably see a Motion to Dismiss so stay tuned. A design patent would have probably been the preferred method of intellectual property protection for the Plaintiff’s ore car.
Silver Streak Industries LLC v. Squire Boone Caverns Inc.
Court Case Number: 4:13-cv-00173-RLY-DML File Date: Tuesday, October 29, 2013 Plaintiff: Silver Streak Industries LLC Plaintiff Counsel: Van T. Willis, Ashley G. Eade of Kightlinger & Gray LLP Defendant: Squire Boone Caverns Inc. Cause: Copyright Infringement, Tortious Interference with Contract Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge Debra McVicker Lynch
The Plaintiff, located in Montana, owns the rights to celebrity photographs which it licenses to online and print publication. Defendant, an Indiana company based in Brown County, Indiana, has allegedly used some photographs without authorization on their website, http://www.jeepersminiatures.com.
lautance B. Aiuppy v. Ufnowski Enterprises, LLC
Court Case Number: 1:13-cv-01647-SEB-TAB File Date: Tuesday, October 15, 2013 Plaintiff: lautance B. Aiuppy Plaintiff Counsel: Craig B. Sanders of Sanders Law PLLC Defendant: Ufnowski Enterprises, LLC Cause: Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, Injunction Pursuant to 17 USC 502, Attorneys Fees and Costs Pursuant to 17 USC 505 Court: Southern District of Indiana Judge: Judge Sarah Evans Barker Referred To: Magistrate Judge Tim A. Baker
Court Case Number: 1:13-cv-01629-WTL-DML File Date: Friday, October 11, 2013 Plaintiff: TCYK, LLC Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC Defendant: John Does 1-14 Cause: Copyright Infringement Court: Southern District of Indiana Judge: Judge William T. Lawrence Referred To: Magistrate Judge Debra McVicker Lynch