Here’s yet another copyright lawsuit involving the unauthorized use of a photograph on a website.
The Defendant, Vive Exterior Design, is a landscape design company headquartered in Fishers, Indiana. Vive is alleged to have used the Plaintiff’s photograph of a bocce ball court in the portfolio section of its website, www.viveexterior.com. The Plaintiff first sought to recover a standard license fee for use of the photograph via an intellectual property management company called Image Rights. When Image Rights was unsuccessful, Plaintiff’s counsel became involved but apparently never received a response from Vive. As such, Vive now has a federal copyright lawsuit to defend.
Settlement is the most likely outcome, but perhaps Vive has a valid defense for using the Plaintiff’s photograph. Stay tuned for updates.
Corson v. Vive Exterior Design, LLC et al
Case Number: 1:22-cv-00127-RLY-MG
File Date: January 17, 2022
Plaintiff: Lisa Corson
Plaintiff Counsel: Mathew K. Higbee, Naomi M. Sarega of Higbee & Associates
Defendant: Vive Exterior Design, LLC, Does 1-10
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mario Garcia