• Home
  • About
  • Contact
  • Disclaimer

Indiana Intellectual Property Blog

~ Trademark and Copyright Law Developments in Indiana

Indiana Intellectual Property Blog

Tag Archives: Violation of Visual Artists Rights

Author dissatisfied with own cover art sues book publisher

08 Wednesday Jun 2016

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

≈ Leave a comment

Tags

Copyright Infringement, Debra McVicker Lynch, Sarah Evans Barker, Violation of Visual Artists Rights

This dispute arises between an author and his book publisher. In addition to writing a book, the author also designed his own original artwork for the cover. After two rounds of artwork proofs, the publisher allegedly went ahead and published the book without the author’s final approval (the author had actually signed the final approval form but claims to have later redacted his approval via email…the full story is laid out in the Exhibits below).

The book publisher is alleged to have “knowingly published and printed Plaintiff’s Works even after Plaintiff made very clear to Defendant of his displeasure and dissatisfaction of the cover art for his Works as proposed by Defendant.”

In case you’re wondering, the VARA right of attribution – by which the author could prevent the use of his name in connection with a prejudicial modification of his work – doesn’t apply here due to the exception in 17 USC 106A(c)(3):

(3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101

Here’s that section from 17 USC 101, my emphasis added:

(A)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication, or similar publication;

(ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container

Stay tuned for updates.

Screen Shot 2016-06-08 at 7.41.24 AM

Murdock v. Author Solutions, LLC

Court Case Number: 1:16-cv-01398-SEB-DML
File Date: Tuesday, June 7, 2016
Plaintiff:
Antara Murdock
Plaintiff Counsel:
Mathew K. Higbee, Esq. of Higbee & Associates
Defendant: Author Solutions, LLC
Cause: Copyright Infringement
Court: 
Southern District of Indiana
Judge:
Sarah Evans Barker
Referred To: Debra McVicker Lynch

Complaint:

View this document on Scribd

Exhibits:

View this document on Scribd

Indiana Copyright Litigation Update – Pamela Mougin v. French Lick Resorts and Casino

12 Wednesday Oct 2011

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

≈ Leave a comment

Tags

Breach of Contract, Copyright Infringement, French Lick Casino & Resort, Mark J. Dinsmore, Pamela Mougin, Tanya Walton Pratt, Unjust Enrichment, Violation of Visual Artists Rights

Pamela Mougin v. French Lick Resorts and Casino LLC et al

Court Case Number: 1:11-cv-01367-TWP-MJD
File Date: Tuesday, October 11, 2011
Plaintiff: Pamela Mougin
Plaintiff Counsel: Theodore J. Minch of Sovich Minch LLP
Defendant: French Lick Resorts and Casino LLC, Worth Group, John Does 1-10
Cause: Copyright Infringement, Violation of Visual Artists Rights, Breach of Contract, Unjust Enrichment
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Mark J. Dinsmore

Amended Complaint:

View this document on Scribd

 

Stipulated Order of Dismissal:

View this document on Scribd

Categories

  • Artists (16)
  • Authors (15)
  • Bloggers (36)
  • Branding (21)
  • Copyright (239)
  • Dear KLF Legal (4)
  • Defamation (5)
  • Entertainment Law (11)
  • Fashion (3)
  • Federal Initiatives (32)
  • Indiana (433)
  • Indianapolis (39)
  • Intellectual Property (476)
  • Just for Fun (18)
  • KLF Legal (15)
  • Legislation (31)
  • Litigation (423)
  • Musicians (8)
  • Nonprofit (1)
  • Northern District of Indiana (130)
  • Patent (40)
  • Privacy (14)
  • Right of Publicity (7)
  • Social Media (53)
  • Southern District of Indiana (244)
  • Stories from the Week that Was (42)
  • Supreme Court (10)
  • Tech Developments (118)
  • Trade Dress (10)
  • Trade Secret (10)
  • Trademark (250)
  • What I'm Reading (5)

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.

Cancel