Texas Copyright Litigation: Indiana Photographer Sues Texas Company for Unauthorized Use of Photograph

Houston, Texas – Attorneys for Plaintiff, Larry G. Philpot of Indiana, filed suit in the Southern District of Texas alleging that Defendant, RCC Holdings, LLC of Houston, Texas, infringed the freelance photographer’s concert photograph of Ted Nugent. Plaintiff is seeking permanent injunctive relief, actual damages, statutory damages, prejudgment interest, attorney’s fees, and other relief to which he is entitled.

Philpot has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. Having been unsuccessful in defending against motions to dismiss for lack of personal jurisdiction in those cases, he is now suing with the help of legal counsel where the defendants are each located. See:

•  Indiana Copyright Law: Court Holds That It Lacks Personal Jurisdiction Over Nebraska Copyright Defendant
•  Indiana Copyright Law: Court Will Not Reconsider Dismissal of Pro Se Litigant’s Lawsuit
•  Indiana Copyright Litigation: CelebrityCafé.com Dismissed from Copyright Lawsuit; Court Allows New Defendants to be Added
•  Indiana Copyright Litigation: Court Allows Copyright Plaintiff to Add New Defendants
•  Indiana Copyright Litigation: Photographer Sues Theater and Publisher for Copyright Infringement
•  Indiana Copyright Litigation: Bake Me A Wish Sued for Copyright Infringement

In this case, Philpot, took a photograph of Ted Nugent on July 31, 2013. On August 15, 2013, Philpot registered the work with the United States Copyright Office under Certificate Number VAu 1-164-624. Almost one month later, Philpot displayed the photograph on the Wikimedia website. Philpot offered the use of this photograph under a Creative Commons license, which allows members of the public to use the photo as long as Philpot is given proper credit among other requirements.

RCC runs a website, www.theredneckcountryclub.com, in which they advertise and sell concert tickets for profit. Philpot alleges that RCC did not give proper credit to him when they posted the photograph on their website. He also claims that RCC removed the metadata from the photograph, which contained a copyright notice, allowing further copying and distribution by others thinking it was in the public domain. Complaint claims both copyright infringement and the removal of copyright management information for removal of the metadata.

The case was filed in the Southern District of Texas, assigned to District Judge Gray H. Miller and Case No. 4:18-cv-01573.

Philpot-v-RCCHoldings-Complaint