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
The plaintiff in this copyright lawsuit is a professional photographer from Austin, Texas. His work is focused on architectural and landscape photography.
One defendant, Lynn Boolman Auto Sales (“Boolman”), is a used car dealership in Portland, Indiana.
The other defendant, Carsforsale.com, is an online auto marketplace operating out of Sioux Falls, South Dakota. It seems from the Complaint (below) that both defendants made an unauthorized use of one of the plaintiff’s landscape photographs, including cropping the photograph to remove the photographer’s signature.
It is not clear whether there is any other connection between the two defendants besides both using the photograph. Jurisdiction over Carsforsale.com seems tenuous. At least from the Complaint and related Exhibit (below), I don’t see any action that Carsforsale.com took in Indiana, either if they first posted the photograph online or if Boolman posted it to their website.
In addition to the Copyright Infringement claim, the Complaint also includes a claim for Removal of Copyright Management Information, based on the cropping of the author’s signature. However, one of the more interesting and unusual aspects of the lawsuit is the plaintiff’s third claim for Addition of False Copyright Management Information, based on the car dealership overlaying its own logo and contact information onto the (cropped) plaintiff’s photograph. Presumably, the dealership will maintain that the information added to the photograph does not identify the author or copyright owner, and thus doesn’t qualify as “copyright management information” (see definition here).
The plaintiff made prior unsuccessful attempts to negotiate with the defendants in December 2021 and January 2022. Finding no satisfactory resolution, the plaintiff now seeks the intervention of the Court. Photography copyright lawsuits often settle quickly, but stay tuned for updates.
Stross v. Lynn Boolman Auto Sales Limited Liability Company et al
Court Case Number: 3:23-cv-00061-DRL-MGG File Date: January 25, 2023 Plaintiff: Alexander Bayonne Stross Plaintiff Counsel: Evan A. Andersen of SRIPLAW, P.A. Defendants: Lynn Boolman Auto Sales Limited Liability Company, Carsforsale.com, Inc. Cause: Copyright Infringement, Removal of Copyright Management Information, Addition of False Copyright Management Information Court: Northern District of Indiana Judge: Damon R. Leichty Referred To: Michael G. Gotsch, Sr.
Larry Philpot has filed another suit over alleged use of a photograph of Willie Nelson (related cases here, here, and here). In addition to infringement, Philpot is also claiming that defendant intentionally removed his copyright management information from the photograph.
Larry G. Philpot v. Gray Television, Inc. et al
Court Case Number: 3:15-cv-00145-JD-CAN File Date: Tuesday, March 31, 2015 Plaintiff: Larry G. Philpot Plaintiff Counsel: Larry G. Philpot – Pro Se Defendant: Gray Television, Inc., Gray Television Group, Inc. Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement Court: Northern District of Indiana Judge: Judge Jon E DeGuilio Referred To: Magistrate Judge Christopher A Nuechterlein
Philpot returns. Plaintiff is a concert photographer who posted photographs to Wikimedia under a Creative Commons Attribution 2.0 Generic license. The defendants have all allegedly used Plaintiff’s photograph(s) on their respective websites without giving proper credit to Plaintiff. Plaintiff is representing himself in these lawsuits and has filed similar complaints previously (Related Cases).
Larry G. Philpot v. Catholic Family Center Court Case Number: 1:14-cv-01788-TWP-DML File Date: Friday, October 31, 2014 Plaintiff: Larry G. Philpot Plaintiff Counsel: Larry G. Philpot – Pro Se Defendant: Catholic Family Center Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement Court: Southern District of Indiana Judge: Judge Tanya Walton Pratt Referred To: Magistrate Judge Debra McVicker Lynch
Larry G. Philpot v. WKMS/Murray State University Court Case Number: 1:14-cv-01789-SEB-DML File Date: Friday, October 31, 2014 Plaintiff: Larry G. Philpot Plaintiff Counsel: Larry G. Philpot – Pro Se Defendant: WKMS/Murray State University Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement Court: Southern District of Indiana Judge: Judge Sarah Evans Barker Referred To: Magistrate Judge Debra McVicker Lynch
Larry G. Philpot v. 420 Magazine, Inc. Court Case Number: 1:14-cv-01790-RLY-MJD File Date: Friday, October 31, 2014 Plaintiff: Larry G. Philpot Plaintiff Counsel: Larry G. Philpot – Pro Se Defendant: 420 Magazine, Inc. Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement Court: Southern District of Indiana Judge: Judge Richard L. Young Referred To: Magistrate Judge Mark J. Dinsmore
Larry G. Philpot v. WUIS/University of Illinois, Springfield Court Case Number: 1:14-cv-01791-TWP-TAB File Date: Friday, October 31, 2014 Plaintiff: Larry G. Philpot Plaintiff Counsel: Larry G. Philpot – Pro Se Defendant: WUIS/University of Illinois, Springfield Cause: Copyright Infringement, Removal of Copyright Management Information, Contributory Copyright Infringement Court: Southern District of Indiana Judge: Judge Tanya Walton Pratt Referred To: Magistrate Judge Tim A. Baker
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