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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Removal and Alteration of Copyright Management Information

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

22 Monday Jul 2024

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation

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Direct Copyright Infringement, Photography, Removal and Alteration of Copyright Management Information

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:

View this document on Scribd

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

05 Friday Jul 2024

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

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Direct Copyright Infringement, Kellie M. Barr, Photography, Removal and Alteration of Copyright Management Information, Sarah Evans Barker

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: 

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

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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

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