Tag Archives: Direct Copyright Infringement

Fishers Sauna Company sued over Towel Rack Photograph

24 Wednesday Jul 2024

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

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A Fishers, Indiana-based sauna company has been sued for the unauthorized use of a towel rack photograph on their website. Unlike many of these photography copyright lawsuits, the defendant did not immediately settle and has filed its Answer (below). The parties have begun the initial phases of discovery, having already submitted initial disclosures and filed their witness and exhibit lists.

Stay tuned for updates.

Howarth v. My Sauna World LLC

Court Case Number: 1:24-cv-00734-MPB-KMB
File Date: April 29, 2024
Plaintiff: Morgan Howarth
Plaintiff Counsel: Craig Sanders of Sanders Law Group
Defendant: My Sauna World LLC
Cause: Direct Copyright Infringement
Court: Southern District of Indiana
Judge: Matthew P. Brookman
Referred To: Kellie M. Barr

Complaint:

Answer:

Angi (formerly Angie’s List) sued for Copyright Infringement over Instagram Posts

22 Monday Jul 2024

Posted by in Copyright, Indiana, Intellectual Property, Litigation

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The photographs that are the subject of this new Indiana copyright lawsuit were commercially licensed to @caroline.andreon on Instagram for the purpose of display and/or public distribution. Angi (formerly Angie’s List), an Indianapolis-based website providing home contractor information (roofers, plumbers, electricians, etc.), reposted the photographs on its own @Angi Instagram account, crediting the @caroline.andreon account. However, Angi did not seek permission from the actual owner of the photographs, a photographer from Paris, France. In reposting the photographs, Angi allegedly also removed a gutter credit attributing @julien_pepy_photographe as the author of the work, inviting an additional claim of Removal and Alteration of Copyright Management Information.

These photography copyright lawsuits typically settle quickly but sometimes the defendant has a good explanation for their use of the photograph(s). Stay tuned to see which direction this lawsuit will take.

Pepy v. Angie’s Lists, Inc. d/b/a Angi

Court Case Number: 1:24-cv-01209-SEB-MJD
File Date: July 18, 2024
Plaintiff: Julien Pepy
Plaintiff Counsel: Craig B. Sanders of Sanders Law Group
Defendant: Angie’s List, Inc. d/b/a Angi
Cause: Direct Copyright Infringement, Removal and Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mark J. Dinsmore

Complaint:

Copyright Lawsuit filed against Indiana Conservative News Site over New York Migrant Hotel Photo

05 Friday Jul 2024

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

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Here is yet another copyright lawsuit over the unauthorized use of a photograph. The plaintiff is a New York-based photographer and the defendant is a conservative news site based in Clark County, Indiana. The photograph was of a group of migrants being kicked out of the Watson Hotel in New York City.

Stay tuned to see whether the conservative site decides to pay an attorney and assert a fair use defense or simply settle the lawsuit by paying a license fee.

Miller v. Empire News LLC

Court Case Number: 4:24-cv-00091-SEB-KMB
File Date: June 26, 2024
Plaintiff: William Miller
Plaintiff Counsel: Renee Aragona of Sanders Law Group
Defendant: Empire News LLC
Cause: Direct Copyright Infringement, Removal and Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Kellie M. Barr

Complaint: 

Copyright Lawsuit filed over Sullivan Tornado Damage Video

18 Monday Mar 2024

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

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The defendant in the latest Indiana copyright lawsuit is a Lafayette,Indiana-based roofing company alleged to have shared a video showing the tornado damage from the town of Sullivan, Indiana on its company Facebook page. The plaintiff is a professional videographer from Colorado.

Companies, go delete old social media posts that include any content that you don’t own or have well-documented permission to use and share. As we’re seeing, old posts can carry a legal risk, so if they are no longer providing a marketing benefit, consider deletion.

Stay tuned for updates.

Rigsby v. All Seasons Roofing

Court Case Number: 4:24-cv-00023-PPS-JEM
File Date: March 14, 2024
Plaintiff: Aaron Rigsby
Plaintiff Counsel: Craig Sanders, Esq. of Sanders Law Group
Defendant: John W. Darnell, Inc. d/b/a All Seasons Roofing
Cause: Direct Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: John E. Martin

Complaint:

Indianapolis Advertising Agency sued over Song Clip in 2016 Facebook Post

28 Tuesday Nov 2023

Posted by in Advertising Law, Copyright, Indiana, Indianapolis, Intellectual Property, Litigation, Musicians, Southern District of Indiana

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An Indianapolis-based advertising agency is being sued for using a 5-second song clip in a promotional video posted on their Facebook page on March 11, 2016.

The plaintiff, a musical group called the Quad City DJ’s, alleges that they first discovered the “infringing” post on June 20, 2023. Approximately 5-6 seconds of the plaintiff’s song, “Space Jam,” are played in the background of a video promoting Dribble to Work Day during the NCAA Women’s Final Four. The short promotional video, still viewable here, has only 294 views since being published in 2016. How many of those views are the plaintiff and plaintiff’s counsel?

This lawsuit should serve as a warning to all businesses to go back and review old social media posts, checking for any unauthorized photos, music, videos, etc. Old social media content is now being scanned by AI bots, even “watching” old videos, and a federal lawsuit could always be lurking. While real damages might be low, copyright law allows for a plaintiff to recover statutory damages, legal costs, and attorney fees.

Consider whether it’s time for your business to delete some old social media content.

Watson Music Group, LLC v. Borshoff, Inc.

Court Case Number: 1:23-cv-02117-TWP-KMB
File Date: November 22, 2023
Plaintiff: Watson Music Group, LLC d/b/a Quadrasound Music
Plaintiff Counsel: Craig Sanders, Esq. of Sanders Law Group
Defendant: Borshoff, Inc.
Cause: Direct Copyright Infringement
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Kellie M. Barr

Complaint: