Tag Archives: Photography

WISH-TV sued over New York Garbage Truck Photograph

23 Friday Feb 2024

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

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Photographers getting paid what they’re owed by news organizations has always been an issue. Just ask Peter Parker.

WISH-TV, an Indianapolis-based local television station, is accused of copying a photograph of a New York garbage truck and reposting it to WISH-TV’s website/social media. The original photograph had been included in a NY Post article via a paid license. In addition to editing the photograph to overlay pictures of three sanitation workers, WISH-TV also cropped out the photographer’s attribution (see Complaint below).

Unable to negotiate a license fee, the photographer is now suing WISH-TV for copyright infringement and removal of the attribution.

If you want a photograph of a random New York garbage truck, either: a) take the photo yourself, b) pay someone to take the photo for you, c) pay someone who has already taken such a photo to use their photo, or d) use AI to create the photo because who will really know, it’s just a random garbage truck. Do not: e) find a photo on Google Images, crop out the photographer’s logo, and post it on your website.

The “news reporting” fair use defense likely won’t work for WISH-TV, because WISH-TV’s article was not reporting about this specific garbage truck but rather just took a random garbage truck photograph and used it in a story about sanitation worker overtime hours. If WISH-TV had been reporting about this particular garbage truck, or even the photographer, they might be able to claim a fair use defense, although they would still need to explain why the photographer’s attribution was cropped.

Stay tuned for updates.

Sadowski v. Circle City Broadcasting I, LLC d/b/a WISH-TV

Court Case Number: 1:24-cv-00324-JRS-TAB
File Date: February 21, 2024
Plaintiff: Christopher Sadowski
Plaintiff Counsel: Michael A. Swift of Maginot, Moore & Beck LLP
Defendant: Circle City Broadcasting I, LLC d/b/a WISH-TV
Cause: Copyright Infringement, Removal or Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Tim A. Baker

Complaint:

February 2024 Indiana Intellectual Property Litigation Update

15 Thursday Feb 2024

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

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The previous month brought closure for several Indiana intellectual property lawsuits, with a higher than usual number of dismissals. Two new trademark lawsuits were filed since last mont’s update, involving the unauthorized sale on Amazon of animal health supplements and a breach of an ice cream shop franchise agreement. Read on below for the latest updates on all pending Indiana copyright and trademark lawsuits:

Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – A Stipulation of Dismissal with prejudice was filed by the Plaintiff on February 8, 2024.

Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – The Defendant filed a Corporate Disclosure Statement on January 29, 2024.

Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – A telephonic discovery conference was held on January 29, 2024, followed by several discovery-related motions. Subsequently, the Court reset a telephonic discovery conference scheduled for March 1, 2024 to an in-person discovery conference on March 5, 2024.

The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – One of the Plaintiff’s attorneys filed a motion to withdraw on January 30, 2024. No substantive update this month.

Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) –  The Plaintiff filed a Stipulation of Dismissal against all Defendants on January 18, 2024.

Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) –  On February 8, 2024, the Plaintiff filed a Motion for Default Judgment. “Head-in-the-sand” time is running out quickly for the Defendants in this lawsuit.

The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – The parties held a Discovery Conference on January 25, 2024 to determine the appropriate location for the deposition of the Plaintiff.

1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) –  A Status Conference was held on February 9, 2024. The parties apparently have one remaining settlement term to negotiate.

Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – The lawsuit was dismissed via a Joint Stipulation to Dismiss on January 26, 2024.

Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – On February 1, 2024, Magistrate Judge John E. Martin was added in place of Magistrate Judge Joshua P. Kolar. Candace C. Dickson has withdrawn from representation of the Plaintiff.

National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) –  No update this month.

Sadowski v. Restoration 1 by J&D, LLC (SD 7/12/2023) –  No update this month.

Nickel and Dimes Incorporated v. Noah’s Arcade LLC et al (ND 7/25/2023) – Lyle R. Hardman and Eric M. Wilkins have entered an appearance on behalf of the Defendants and their original counsel has withdrawn.

Hoffman v. Lauth Investigations International Inc. (SD 9/18/2023) – The Plaintiff filed its Preliminary Witness and Exhibit List on January 26, 2024.

Banjo Corporation v. Green Leaf, Inc. (SD 9/29/2023) – The parties filed the Preliminary Exhibit and Witness Lists on February 12, 2024.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al. (ND 10/06/2023) – No update this month.

Secada Medical LLC d/b/a Ventris Medical, LLC v. Nexxt Spine, LLC (SD 11/01/2023) – The parties have settled and must file dismissal papers by March 24, 2024.

Radic v. AllCity Adjusting LLC et al (ND 11/03/2023) –  The Plaintiff has been granted until March 3, 2024, to serve the Defendants.

Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC (ND 11/09/2023) –  The Plaintiff filed an Amended Motion for Default Judgment on February 2, 2024.

Stross v. Homestead Properties, Inc. (SD 11/09/2023) – Here’s something we don’t often see…a Defendant has decided to push back substantively on a photography copyright lawsuit rather than immediately settle. On February 4, 2024, the Defendant filed two Motions to Dismiss, a jurisdictional challenge under 12(b)(1) and a failure to state a claim under 12(b)(6). Just like that, this lawsuit went from dull to very interesting. The Defendant is represented by Charles E. McFarland.

Matsumoto v. Pho Real LLC (SD 11/15/2023) – The lawsuit was dismissed on January 25, 2024 pursuant to a Joint Stipulation of Dismissal.

Watson Music Group, LLC v. Borshoff, Inc. (SD 11/22/2023) – The lawsuit was dismissed on February 13, 2024 via a Stipulation of Dismissal filed by the Plaintiff.

Guangzhou Shima Decoration Materials Co., Ltd v. Shenzhen Ruimingxiang Technology Co., Ltd. (SD 1/08/2024) – An Amended complaint was filed on January 12, 2024.

Nutramax Laboratories, Inc. et al v. CNB Retailers, LLC et al. (ND 2/08/2024) – No update yet.

Baskin-Robbins Franchising LLC et al v. Blu Moo Ice Cream Inc. et al. (SD 2/14/2024) – No update yet.

January 2024 Updates

December 2023 Updates – December 2022 Updates –  December 2021 Updates

Photography Lawsuit filed against Carmel Vietnamese Restaurant

16 Thursday Nov 2023

Posted by in Copyright, Indiana, Indianapolis, Intellectual Property, Litigation

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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

Complaint:

Photography Copyright Lawsuit filed against Indiana Hardwood Grower

14 Tuesday Nov 2023

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

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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

Complaint:

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: