The Plaintiff asserts exclusive rights to the photograph in question, which he reports was first published on January 30, 2023, and later registered by the U.S. Copyright Office on April 1, 2023. Miller claims that the Defendant displayed this image on its website on January 30, 2023, without the proper permission or licensing, thereby violating copyright law.
Empire, LLC, is alleged to have profited from the unauthorized display, thus undermining the Plaintiff’s market for the photograph. The Plaintiff claims that the Defendant failed to implement adequate policies to verify copyright ownership, which indicates negligence in ensuring compliance with copyright law.
The Plaintiff seeks actual damages and disgorgement of profits derived from the unauthorized use, as well as statutory damages, which could be substantial. The lawsuit highlights the ongoing need for creators to protect their intellectual property rights and the legal responsibilities of content providers in ensuring proper licensing.
The case has been assigned to Judge Sarah Evans Barker and Magistrate Judge Kellie M. Barr in the U.S. District Court of Southern Indiana, and assigned Case No. 4:24-cv-00091-SEB-KMB.