Indianapolis, Indiana – Copyright lawyers for Masterfile Corporationof Ontario, Canada, have filed a lawsuit alleging Kemp Title Agency, LLC of Louisville, KY, has infringed copyrighted works which have been registered with the U.S. Copyright Office.
The plaintiff is a stock photography company offering images in exchange for a license fee, while the defendant provides services relating to the sale of property. After discovering certain of its copyrighted images on the defendant’s Web site, the plaintiff sued for an accounting of damages and an injunction, claiming a violation of its reproduction and public display rights under the Copyright Act.
This case has been assigned to Judge Jane E. Magnus-Stinson and Magistrate Judge Tim A. Baker in the Southern District of Indiana, and assigned case no. 1:10-cv-00997-JMS-TAB.
Practice Tip: Masterfile claims to own a library of art distributed on CDs and apparently has found a way to automatically search for Web sites that have used the art. It has filed many suits around the country. Some commentators consider Masterfile’s lawsuits to be extortionate “roboo-litigation.” Just because a photograph or illustration is considered “stock” or “clip art,” that does not mean it is in the public domain and royalty-free. . Click here to see another posting about Masterfile.
Complaint – Masterfile v. Kemp
Further Information about the case is as follows:
Filed: August 9, 2010 as 1:2010cv00997 Updated: August 11, 2010 22:48:30
Plaintiff: MASTERFILE CORPORATION
Defendant: KEMP TITLE AGENCY, LLC
Presiding Judge: Jane Magnus-Stinson
Referring Judge: Tim A. Baker
Cause Of Action: Copyright Infringement
Court: Seventh Circuit > Indiana > Southern District Court
Type: Intellectual Property > Copyright