Category Archives: Artists

Photography Lawsuit filed in Indiana over “Plaster falling off the ceiling”

06 Monday Nov 2023

Posted by in Artists, Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana

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I’m amazed that I still have to say this but, businesses, stop using Google Images to find photos for your website.

Here’s another copyright lawsuit where the defendant, this time an insurance adjuster from Merrillville, Indiana, apparently used a professional photographer’s photograph in an online advertisement without permission. The photograph, descriptively titled “Plaster falling off the ceiling” (see Complaint below) was apparently used by the defendant in the background of an advertisement for insurance claims for poorly installed stucco.

I’m guessing that the defendant simply found the photograph via Google Search, perhaps with a search for the exact title, and unwittingly put the photograph in background of their advertisement. Note that the registrant of the insurance adjuster’s website was also named as a defendant. If they were also the website developer, they might have some direct responsibility for the content of the website and use of the plaintiff’s photograph.

Usually these lawsuits can be settled quickly but stay tuned to see whether the defendant can assert any creative defenses or explanations. Stay tuned for updates.

Radic v. AllCity Adjusting LLC et al

Court Case Number: 1:23-cv-00468-HAB-SLC
File Date: November 3, 2023
Plaintiff: Ivan Radic
Plaintiff Counsel: J. Campbell Miller, Evan A. Andersen of SRIPLAW, P.A.
Defendants: AllCity Adjuster LLC, Zor Development LLC
Cause: Copyright Infringement, Removal of Copyright Management Information, Addition of False Copyright Management Information
Court: Northern District of Indiana
Judge: Holly A. Brady
Referred To: Susan L. Collins

Complaint:

Knockoff Chinese Jewelry prompts Indiana Copyright Lawsuit

12 Wednesday Apr 2023

Posted by in Artists, Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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An Indiana copyright lawsuit has been filed by Taylor Shaye Designs, a jewelry designer and retailer/wholesaler from Louisiana.

The defendant, located in Whitestown, Indiana, is the apparent U.S. sales and distribution arm of the global Shein conglomerate, a Chinese online fast fashion retailer that is known for selling inexpensive apparel, jewelry, and other accessories.

The defendant is accused of copying the plaintiff’s registered “Let’s Go Girls” jewelry design.

The standard for determining whether the reproduction right in a copyrighted work has been infringed is “substantial similarity.” Blog readers can judge for themselves whether the above designs have substantial similarity. Hopefully the lawsuit will see an argument that the designs are not substantially similar but I anticipate either a jurisdictional challenge or a discrete settlement as the most likely outcomes. Either way, stay tuned to this blog for updates.

Taylor Shaye Designs LLC v. Shein Distribution Corp.

Court Case Number: 1:23-cv-00624-SEB-TAB
File Date: April 11, 2023
Plaintiff: Taylor Shaye Designs LLC
Plaintiff Counsel: Bradley M. Stohry of Reichel Story Dean LLP
Defendant: Shein Distribution Corp.
Cause: Direct Copyright Infringement, Vicarious Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Tim A. Baker

Complaint:

Painter sues T-Shirt Printing Website for Unauthorized Use of Presidential Painting

27 Monday Sep 2021

Posted by in Artists, Copyright, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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This copyright lawsuit involves a painter attempting to stop an online merchandise platform from using his artwork on customizable products. The Defendant t-shirt website, like thousands of other sites, sells blank apparel that can be customized with a user-uploaded image or text.

Per the Complaint (below), the John Doe defendants (1-11) have, via separate registered accounts, been uploading a digital copy of one of Plaintiff’s paintings since 2018 and using the online platform to create unauthorized products which they presumably then sell elsewhere. Plaintiff’s counsel first contacted the Defendant website in April 2020 about the unauthorized use of Plaintiff’s artwork, seemingly with no acceptable resolution or cessation.

In lawsuits such as this with numerous John Doe defendants, the first and most difficult hurdle for the Plaintiff will be to discover the identity of the John Does. The similarity in the John Doe’s account names on the t-shirt platform seem to indicate that it’s just one source (an individual or small group) that is repeatedly ordering new product. I wouldn’t expect any response to be filed by the John Doe Defendants, who will likely disappear altogether, and probably a long road of discovery for the Plaintiff perhaps eventually leading to a default judgment against the determined “guilty” party.

The vicarious infringement and contributory infringement claims against the online t-shirt website will be interesting to follow. Presumably, having been put on notice of the unauthorized use in April 2020, the t-shirt website might be expected to take more action to prevent future infringements of the same image. But how closely do they (or should they be expected to) patrol user-submitted images for infringement? It seems like the t-shirt printing and shipping process would be almost completely automated following the user submission, with no copyright verification step in between.

Stay tuned for updates.

Thomas v. ooShirts, Inc. et al.

Case Number: 1:21-cv-02519-TWP-MJD
File Date: Friday, September 24, 2021
Plaintiff: Andrew “Andy” Thomas
Plaintiff Counsel: Sean J. Quinn of SouthBank Legal: LaDue | Curran | Kuehn, Oliver Maguire of Evans & Dixon, LLC
Defendant: ooShirts, Inc., John Does 1-11
Cause: Direct Copyright Infringement, Vicarious Infringement, Contributory Infringement
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Mark J. Dinsmore

Complaint:

Copyright Infringement Lawsuit filed over Church Hymn

03 Tuesday Sep 2019

Posted by in Artists, Copyright, Entertainment Law, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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In this copyright lawsuit, the Defendant’s musical composition “Christ Be Our King” is alleged to infringe Plaintiff’s musical composition “Emmanuel.”

Take a look at the musical notation and compare the two works for yourself:

Screen Shot 2019-09-03 at 11.21.08 AM.png

The Complaint (below) details the elements of the two compositions that the Plaintiff considers “strikingly similar”:

  1. The first eight notes of “Christ Be Our Light” are precisely the same as in “Emmanuel:” the same notes, the same key, and the same time signature.
  2. “Christ Be Our Light” omitted the ninth note that was present in “Emmanuel” but ended the phrase on exactly the same tenth note from “Emmanuel.”
  3. The second phrase of notes in “Christ Be Our Light” is again almost identical to the second phrase of “Emmanuel.”
  4. The third phrase of “Christ Be Our Light” with its climbing melody is remarkably similar to the third phrase of “Emmanuel.”

What do you think? Copyright infringement?

This is an interesting case…stay tuned for updates.

Ambrosetti v. Oregon Catholic Press et al.

Court Case Number: 3:19-cv-00682-JD-MGG
File Date: Tuesday, August 27, 2019
Plaintiff: Vincent A. Ambrosetti, The King’s Minstrels Charitable Trust aka International Liturgy Publications
Plaintiff Counsel: Donald J. Schmid
Defendant: Oregon Catholic Press, Bernadette Farrell
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G. Gotsch, Sr.

Complaint:

 

DJ Performance Agreements

06 Wednesday Mar 2019

Posted by in Artists, Business Law, Entertainment Law, Intellectual Property, Just for Fun, Musicians

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A good DJ will impart a sense of feeling, rythym and happiness on a party.

In order to ensure that their own business also runs as smooth and happily as the dance floor, DJs providing services for venues should use a performance agreement in securing a set and, importantly, the payment. Here are some key questions to consider for your DJ performance agreement:

  1. Have you made sure the venue can understand the provisions of the contract?
  2. Have you communicated to the venue the minimum deposit needed to bind the terms of the agreement?
  3. Have you communicated to the venue that they are obligated to pay you if the set is cancelled on the performance date?
  4. Have you discussed the conditions that release both parties from the agreement?
  5. Have you communicated to the purchaser regarding terms of your deposit and the remaining balance?
  6. Have you discussed with the venue about advertising control of your show?

Go back and review your performance agreement with the above questions in mind. If you’re uncertain, contact an entertainment attorney for a professional review of your agreement.