• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Photography

Chicks on the Right sued over unauthorized use of Topless Selfie Teacher Photo

29 Monday Nov 2021

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

≈ Leave a comment

Tags

Debra McVicker Lynch, Direct Copyright Infringement, Jane Magnus-Stinson, Photography

Here’s another copyright lawsuit that supports the argument for a copyright small claims court.

The plaintiff is a New York-based professional photographer who owns the registered copyright in a photograph of Lauren Miranda, a New York teacher fired over a topless selfie. Mrs. Miranda was subsequently awarded $3 million in a gender discrimination lawsuit over the firing.

The defendant, Chicks on the Right, an Indianapolis-based politically conservative online news radio show and website, allegedly used the plaintiff’s photograph of Mrs. Miranda in an April 2019 blog post reporting on the teacher’s gender discrimination lawsuit (note: the plaintiff filed for registration of the photograph on June 30, 2019, almost 3 months after the blog post). While the defendant might be hoping to rely on a “news reporting” fair use defense, unfortunately there’s really no “fair use” reason to use the plaintiff’s specific photograph. Numerous images of Mrs. Miranda exist that could have been used (with proper authorization), and the Chicks on the Right blog post isn’t commenting, criticizing, or reporting on the plaintiff’s actual image. Having an online “news blog” isn’t a free pass to use any photograph you find on Google Images.

The reality is that professional photographers take lots of photos for a living, and sell only few. Perhaps political differences kept this dispute from reaching a simple non-litigious monetary resolution. Now, we can expect technicalities about the actual photograph’s ownership, registration or use to be explored in the defendant’s response or discovery.

On one hand, the Chicks on the Right, who likely use photographs for news articles on a daily basis, should be in the habit of verifying the source of every photograph they post on their blog. Presumably, in this specific instance two years ago, someone just got lazy or quick and grabbed the wrong photograph off the internet.

On the other hand, there’s simply no reason a U.S. Federal Court and esteemed judges like Jane Magnus-Stinson and Debra McVicker Lynch, already overloaded with significant legal disputes, should be dealing with a copyright lawsuit over one photograph (of a person most people have never heard of) used on a single “news” blog post. Statutory damages for a single non-willful infringement would be $750, almost certainly less than the plaintiff spent on preparing and filing this lawsuit, and definitely less than the Court has to expend in processing the dispute. You can’t blame the plaintiff though; currently, they have no other alternative legal option than federal court for a photography copyright dispute. Time will tell if there’s better way to handle such disputes.

Note that the allegedly infringing image no longer appears on the defendant’s website as of the posting of this blog (11/29/21).

By the way, go do a Google search for Lauren Miranda’s attorney. Sharp dresser. So much so, I’m giving this post a “Fashion” tag.

Stay tuned for updates.

Alcorn v. COTR, LLC

File Date: November 22, 2021
Plaintiff: Victor Alcorn
Plaintiff Counsel: Craig B. Sanders, Esq.
Defendant: COTR, LLC
Cause: Direct Copyright Infringement
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

Ray Luzier Photograph Copyright Lawsuit Filed in Southern District of Indiana

28 Wednesday Jul 2021

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

≈ Leave a comment

Tags

Celebrity Photography, Direct Copyright Infringement, Falsification, Jane Magnus-Stinson, Photography, Removal and Alteration of Copyright Management Information, Tim A. Baker

The plaintiff in this copyright infringement lawsuit is a professional photographer from Nashville, Tennessee. In March 2019, the plaintiff took a photograph of Ray Luzier, drummer for the band Korn. The photograph was immediately registered with the U.S. Copyright Office.

The Defendant, which sells acoustical products from Indianapolis, Indiana, allegedly used the plaintiff’s photograph on its website without authorization, on a page about “famous users” of the Defendant’s products. The photograph was also allegedly posted on the Defendant’s Facebook and Instagram accounts.

Stay tuned for updates.

Berman v. Auralex Acoustics, Inc.

Case Number: 1:21-cv-02090-JMS-TAB
File Date: Thursday, July 22, 2021
Plaintiff: Sayre Berman
Plaintiff Counsel: Craig B. Sanders, Esq. of Barshay Sanders, PLLC
Defendant: Auralex Acoustics, Inc.
Cause: Direct Copyright Infringement, Falsification, Removal and Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Tim A. Baker

Complaint:

View this document on Scribd

Cute/Horrifying Baby Teeth Photograph Leads to Copyright Infringement Lawsuit

26 Monday Jul 2021

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

≈ Leave a comment

Tags

Direct Copyright Infringement, James Patrick Hanlon, Mark J. Dinsmore, Photography, Removal or Alteration of Copyright Management Information, Vicarious Copyright Infringement

The Plaintiff in this copyright lawsuit is an infant photographer who uses photo editing software to add teeth to her infant subjects. Depending on your aesthetic tastes, the resulting photographs range somewhere between cute and horrifying.

The Defendant sells teeth whitening and oral care products and allegedly used one of the Plaintiff’s photographs in a Facebook advertisement in August 2019. The photograph was altered to whiten the teeth and remove the Plaintiff’s watermark. The advertisement (below) included a link to the Defendant’s website and a “Shop Now” button.

It’s hard to see this lawsuit going very far; it’s slightly ridiculous it had to be filed at all. This situation seems like it would be a perfect fit for a small claims copyright court. Hopefully the parties can soon find an amicable resolution, like an appropriate license fee, for the (possibly) 4one-time use of Plaintiff’s photograph. If the Defendant somehow determines it would make more sense to litigate, we might see them challenge jurisdiction in Indiana.

Stay tuned for updates.

Haehl v. Dr. Brite, LLC

Case Number: 1:21-cv-02072-JPH-MJD
File Date: Wednesday, July 21, 2021
Plaintiff: Amy Haehl
Plaintiff Counsel: Bradley M. Stohry of Reichel Stohry Dean LLP
Defendant: Dr. Brite, LLC
Cause: Direct Copyright Infringement, Vicarious Copyright Infringement, Removal or Alteration of Copyright Management Information
Court: Southern District of Indiana
Judge: James Patrick Hanlon
Referred To: Mark J. Dinsmore

Complaint:

View this document on Scribd

Liebowitz files Photography Lawsuit in Northern District of Indiana

20 Wednesday Jan 2021

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

≈ Leave a comment

Tags

Copyright Infringement, Integrity of Copyright Management Information, Jon E. DeGuilio, Michael G. Gotsch, Photography, Richard Liebowitz

Famous (infamous) plaintiff’s lawyer Richard Liebowitz has filed another copyright lawsuit in Indiana over the unauthorized use of a photograph of Murlough Bay in Northern Ireland. The photograph has been removed from the Defendant’s website, http://www.anglotopia.net, but the Defendant was apparently not willing to meet Liebowitz’s customary settlement demands and thus a lawsuit was filed.

With a Complaint filed, it’s usual for the Defendant in these cases to weigh the costs/benefits of proceeding and likely choose to settle for a slightly higher amount than pre-Complaint. However, we’ll keep a close eye on this lawsuit to see whether Defendant has a viable defense strategy or whether they are just biding time until the eventual settlement.

Murlough Bay, Northern Ireland

Scnhebelt v. Anglotopia, LLC

Court Case Number: 3:21-cv-00040-JD-MGG
File Date: January 18, 2021
Plaintiff: Stefan Schnebelt
Plaintiff Counsel: Richard Liebowitz of Liebowitz Law Firm, PLLC
Defendant: Anglotopia, LLC
Cause: Copyright Infringement, Integrity of Copyright Management Information
Court: Northern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G Gotsch, Sr.

Complaint:

View this document on Scribd

Copyright Lawsuit filed over Photograph of a Leaf in Water

09 Wednesday Oct 2019

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

≈ Leave a comment

Tags

Copyright Infringement, Photography

The Defendant in this copyright infringement lawsuit is alleged to have used Plaintiff’s photograph of “a leaf in water” without authorization. The Plaintiff is a German professional photographer and the Defendant is a corporation based in Elkhart, Indiana.

Stay tuned for updates.

Steeger v. Good Living Enterprises Inc.

Court Case Number: 3:19-cv-00877-PPS-MGG
File Date: October 5, 2019
Plaintiff: Paul Steiger
Plaintiff Counsel: Richard P. Liebowitz of Liebowitz Law Firm, PLLC
Defendant: Good Living Enterprises Inc.
Cause: Copyright Infringement
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Michael G. Gotsch, Sr.

Complaint:

View this document on Scribd

← Older posts
Newer posts →

Categories

  • Artists (23)
  • Authors (20)
  • Bloggers (37)
  • Branding (29)
  • Business Law (9)
  • Copyright (334)
  • Defamation (5)
  • Entertainment Law (14)
  • Fashion (5)
  • Federal Initiatives (35)
  • Indiana (610)
  • Indianapolis (52)
  • Intellectual Property (674)
  • Just for Fun (25)
  • KLF Legal (19)
  • Legislation (34)
  • Litigation (603)
  • Musicians (13)
  • Nonprofit (6)
  • Northern District of Indiana (218)
  • Patent (44)
  • Privacy (15)
  • Right of Publicity (8)
  • Social Media (56)
  • Southern District of Indiana (372)
  • Stories from the Week that Was (42)
  • Supreme Court (13)
  • Tech Developments (119)
  • Trade Dress (26)
  • Trade Secret (15)
  • Trademark (371)
  • What I'm Reading (8)

Bloggers Copyright Federal Initiatives Indiana Indianapolis Intellectual Property Legislation Litigation Northern District of Indiana Patent Social Media Southern District of Indiana Stories from the Week that Was Tech Developments Trademark

Blog at WordPress.com.

  • Subscribe Subscribed
    Indiana Intellectual Property Blog

    Have a WordPress.com account? Log in now.

  • Indiana Intellectual Property Blog
    View site in Reader
    Manage subscriptionsSign upLog in
    Report this content
    Collapse this bar
Loading Comments...