It seems we can’t go more than a few days without a new photography copyright lawsuit in Indiana. The defendant this time is a Carmel, Indiana-based Vietnamese restaurant called Pho Real. They apparently used one of the plaintiff’s photographs of noodles, which I’m guessing they found on Google Images, on their restaurant’s website without authorization.
Businesses, you should prioritize an immediate audit of your company’s website to determine whether you have authority (via ownership, license, fair use, etc.) to use every photograph. If not, even if it’s just a blurry partial photo, it seems that your use could quickly become the subject of a federal copyright lawsuit.
Matsumoto v. Pho Real LLC
Court Case Number: 1:23-cv-02059-SEB-KMB File Date: November 15, 2023 Plaintiff: Shoichi Matsumoto Plaintiff Counsel: Jay Campbell Miller of SRIPLAW, P.A. Defendant: Pho Real LLC Cause: Copyright Infringement Court: Southern District of Indiana Judge: Sarah Evans Barker Referred To: Kellie M. Barr
Here’s yet another photography lawsuit where a company is alleged to have used a photograph without authorization. The defendant this time is a Deputy, Indiana grower/manufacturer of Indiana hardwood products.
All companies should immediately prioritize reviewing their website to confirm ownership, approval, or other legal authority (e.g. fair use) for EVERY photograph. Otherwise, AI image searches will eventually find the unauthorized use and a copyright lawsuit will always be just around the corner. Using Google Images to find photographs for a website is never a good idea.
Stross v. Homestead Properties, Inc.
Court Case Number: 4:23-cv-00183-TWP-KMB File Date: November 9, 2023 Plaintiff: Alexander Bayonne Stross Plaintiff Counsel: J. Campbell Miller of SRIPLAW, P.A. Defendant: Homestead Properties, Inc. dba Tiny Timbers Cause: Copyright Infringement, Removal of Copyright Management Information Court: Southern District of Indiana Judge: Tanya Walton Pratt Referred To: Kellie M. Barr
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
Restoration 1, an Indianapolis-based water damage restoration service, has been sued for unauthorized use of a photograph on their website. The Plaintiff is a professional photographer from New Jersey who, per the Complaint (below), first sought to negotiate a reasonable license before bringing this lawsuit with a single claim of copyright infringement.
The photograph of blurry Christmas lights was allegedly used by the Defendant as the header in a blog post titled “A Safety Guide to Outdoor Christmas Lights.” This lawsuit should be a reminder to other companies that no matter how benevolent your intended use might be, don’t ever use images you pull directly from Google Images or you could get sued. A second lesson, probably soon to be learned by this Defendant, is that the “reasonable license” fee can increase significantly after a lawsuit is filed.
Stay tuned for updates.
Sadowski v. Restoration 1 by J&D, LLC
Court Case Number: 1:23-cv-01224-JRS-MKK File Date: July 12, 2023 Plaintiff: Christopher Sadowski Plaintiff Counsel: Michael A. Swift of Maginot, Moore & Beck LLP Defendant: Restoration 1 by J&D, LLC d/b/a Restoration 1 of Greater Indianapolis Cause: Copyright Infringement Court: Southern District of Indiana Judge: James R. Sweeney II Referred To: M. Kendra Klump
This lawsuit involves the design and construction of a new headquarters for Andretti Global in Fishers, Indiana. The Plaintiff is a construction company that had been contracted to design and build the new facility. The Complaint (below) details how the business relationship went downhill pretty much from the onset, starting with late payments. The contract was terminated for cause in April 7, 2023. The Plaintiff disputes the stated grounds for termination. Construction on the facility has now been halted, presumably pending the outcome of this litigation or the related mediation.
The lawsuit includes a claim for copyright infringement due to the Defendants’ alleged post-termination use of the Plaintiff’s architectural designs. However, the Complaint does not state whether the architectural designs are registered with the U.S. Copyright Office, which is mandatory for a federal copyright lawsuit, so the copyright claim may be subject to a 12(b) motion.
The Complaint quotes one of the Defendants’ representatives as saying “If you want to go to war with a bunch of international billionaires, we’ll bury you.” The Plaintiff apparently has not been deterred by the threat of “war,” filing this lawsuit to insist that the “international billionaires” pay up the ~$1 million allegedly owed at the time of termination.
The lawsuit was originally filed in Hamilton County Court on May 24, 2023 and removed to the Southern District of Indiana on June 19, 2023. Stay tuned for updates.
DCG Indiana, Inc. v. Cardinal XLIII, LLC et al.
Court Case Number: 1:23-cv-01058-MPB-KMB File Date: June 19, 2023 Plaintiff: DGC Indiana, Inc. d/b/a Dillon Construction Group a/k/a/ Dillon Construction a/k/a DCG Construction Plaintiff Counsel: J. Michael Cavosie, J. Greg Easter, Elizabeth S. Schmitt, Katelyn Klingler of EASTER & CAVOSIE Defendant: Cardinal XLIII, LLC, Motorsport Real Estate Ventures, LLC d/b/a Andretti Motorsports; Studio M Architecture and Planning, LLC, Gradex, Inc., Glenmark Construction Company, Inc. Cause: Breach of Contract, Fraudulent Transfer, Copyright Infringement, Lien Foreclosure Court: Southern District of Indiana Judge: Matthew P. Brookman Referred To: Kellie M. Barr
