Evansville, Indiana – Responding to a complaint filed in Indiana state court by Indiana copyright attorneys, a defense lawyer filed a motion to remove the lawsuit to a federal court in the Southern District of Indiana – Evansville Division. Plaintiff Professional Transportation, Inc. of Evansville, Indiana (“PTI”) is the former…
San Francisco, California – Federal court of appeals affirms that copyright owners must consider fair use in online copyright takedowns. The United States Court of Appeals for the Ninth Circuit recently affirmed that copyright holders must consider whether a use of material is fair before sending a takedown notice. The…
Indianapolis, Indiana – The Southern District of Indiana denied Plaintiff Larry Philpot’s motion to reconsider the dismissal of his 2014 lawsuit alleging copyright infringement. Acting as his own copyright lawyer, Philpot, a professional photographer of Indianapolis, Indiana filed a copyright infringement lawsuit against Music Times, LLC of New York, New…
Jacksonville, Florida – A copyright lawyer for Universal Music Corp., WB Music Corp., EMI April Music, Inc., Bovina Music, Inc., and B.I.G. Poppa Music, all members of the American Society of Composers, Authors, and Publishers (“ASCAP”), sued in the Middle District of Florida asserting copyright infringement against Latitude 360 Nevada,…
Indianapolis, Indiana – The Southern District of Indiana has granted a motion by Defendant The Celebrity Café.com, Inc. (“Celebrity”) to dismiss the copyright infringement complaint filed by Larry G. Philpot of Indianapolis, Indiana. The court also granted Philpot’s motion to amend his complaint. Plaintiff Philpot is a professional photographer who…
Indianapolis, Indiana – Filing on his own behalf, copyright attorney and professional photographer Richard N. Bell of McCordsville, Indiana initiated litigation in the Southern District of Indiana alleging copyright infringement by KG American Real Estate Holdings, LLC (“KG”) of Duluth, Georgia. In 2000, Plaintiff Bell photographed the downtown Indianapolis skyline.…
South Bend, Indiana – Pro se Plaintiff Angela E. Brooks-Ngwenya, of Fort Wayne, Indiana has filed a copyright complaint in the Northern District of Indiana alleging that The Mind Trust, United Way of Central Indiana, Central Indiana Education Alliance, Phalen Leadership Academies, and Indianapolis Public Schools (“IPS”), all of Indianapolis,…
Indianapolis, Indiana – Acting as his own Indiana copyright lawyer, Larry G. Philpot of Indianapolis, Indiana, filed a motion to amend his complaint in the Southern District of Indiana, Indianapolis Division in his ongoing intellectual property litigation against Mansion America, LLC and Oak Ridge Boys Theater of Branson, Missouri. This…
The fourth element of a criminal prosecution for copyright infringement requires that the government prove that the defendant engaged in an act of copyright infringement “for purposes of commercial advantage or private financial gain.” It is unnecessary that a profit be made as a result of the infringing activities. This…
The second element of a criminal prosecution for copyright infringement requires that the government prove that the defendant infringed upon the holder’s rights in its copyrighted intellectual property. Although the term “infringement” itself is not specifically defined in the copyright statute, 17 U.S.C. § 501(a) provides that: “[a]nyone who violates any of…