Copyright Infringement

November 11, 2016

Indiana Copyright Litigation: Hoosier Daddy’s Bar & Grill Accused of Copyright Infringement for Playing Jessie’s Girl and Other Songs

Indianapolis, Indiana – A copyright litigator for Plaintiffs Broadcast Music, Inc. (“BMI”) of New York, New York, as well as Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Chinquapin Music, Boy Rocking Music, Warner-Tamerlane Publishing Corp., Del Sound Music, and Universal – Songs of Polygram International, Inc., brought a lawsuit in the Southern District of Indiana asserting copyright infringement.

Plaintiff BMI is a licensor of approximately 10.5 million copyrighted musical compositions. The remaining Plaintiffs own the copyrights to the musical compositions that are at issue in this Indiana lawsuit.

Defendants are Hoosier Daddy’s NCIN, LLC d/b/a Hoosier Daddy’s Bar & Grill and its president, Jeff Burchett of New Castle, Indiana. Plaintiffs state that Burchett is responsible for the operation and management of the business entity and the restaurant.

October 17, 2016

Indiana Copyright Litigation: Two Lawsuits Allege Illegal Sharing of Movie via Internet

By Overhauser Law Offices, LLC

Indianapolis, Indiana – A copyright lawyer for Plaintiff ME2 Productions, Inc. of Carson City, Nevada filed two new lawsuits in Indiana federal court alleging copyright infringement.

As with two prior Indiana lawsuits, filed by Plaintiff’s copyright lawyer last week in the Northern District of Indiana, these complaints allege infringement by multiple unknown “Doe” Defendants. Specifically, these lawsuits assert that a “screener copy” of the movie “Mechanic: Resurrection” was leaked and distributed illegally using BitTorrent, a file-sharing protocol. These latest lawsuits were filed in the Southern District of Indiana,

Defendants in each of the two lawsuits have been sued as a group, as Plaintiff contends that the Doe Defendants participated “in a collective and interdependent manner with other Defendants via the Internet for the unlawful purpose of reproducing, exchanging, and distributing copyrighted material” that was unique to their BitTorrent swarm.

The movie, which stars Jason Statham, Jessica Alba and Tommy Lee Jones, has been registered with the U.S. Copyright Office under Registration No. PA-1-998-057.

Plaintiff seeks injunctive relief, statutory damages, costs and attorneys’ fees.

October 14, 2016

Indiana Copyright Litigation: Bell Alleges Infringement by Carmel Private Equity Firm

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Copyright lawyer and professional photographer Richard Bell of McCordsville, Indiana filed the latest in a string of lawsuits alleging infringement of a copyrighted photo of the Indianapolis skyline.

This lawsuit, filed by Bell on his own behalf in the Southern District of Indiana, lists Honey Creek Capital, LLC of Carmel, Indiana as Defendant. Bell asserts that Honey Creek infringed a copyrighted work titled “Indianapolis Nighttime Photo” by publishing the photo on Honey Creek’s website without having purchased a license. The photo has been registered with the U.S. Copyright Office under Registration No. VA0001785115.

Bell asks the court for the maximum statutory damages allowable, contending that Honey Creek is willfully infringing “with oppression, fraud, and malice.” In addition to damages, Bell seeks injunctive relief, costs and attorneys’ fees.

Practice Tip: Bell has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. See:

• Indianapolis Real Estate Agent Sued for Infringing Copyright of Photo

• Limousine Service Sued for Copyright Infringement
• Bell’s Copyright Litigation Expands to Include IU, Purdue and Others
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

October 12, 2016

Indiana Copyright Litigation: Advance Copy of Movie Leaked, Shared via BitTorrent

By Overhauser Law Offices, LLC

Northern District of Indiana – A trial attorney for Plaintiff ME2 Productions, Inc. of Carson City, Nevada filed two lawsuits in the Northern District of Indiana alleging copyright infringement of the action thriller “Mechanic: Resurrection.” One lawsuit was filed with the district court in Hammond while the other was filed in Fort Wayne.

Plaintiff contends that a “screener copy” of the movie was leaked and subsequently distributed illegally using BitTorrent, a file-sharing protocol. In each of the lawsuits, multiple unknown “Doe” Defendants are listed. They are accused of committing copyright infringement by participating “in a collective and interdependent manner with other Defendants via the Internet for the unlawful purpose of reproducing, exchanging, and distributing copyrighted material.” Plaintiff states that it has traced these Defendants to Indiana through the use of geolocation technology, which was used to determine the Internet Protocol (“IP”) addresses of each Defendant.

The movie, which is the sequel to the 2011 action film “Resurrection,” stars Jason Statham, Jessica Alba and Tommy Lee Jones. It has been registered with the U.S. Copyright Office under Registration No. PA-1-998-057.

Plaintiff seeks injunctive relief along with damages, costs and attorneys’ fees.

September 30, 2016

Indiana Copyright Litigation: Indianapolis Real Estate Agent Sued for Infringing Copyright of Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff Richard Bell of McCordsville, Indiana sued in the Southern District of Indiana alleging that Defendant Cindy Cherf of Carmel, Indiana committed copyright infringement.

Cherf, an Indiana real estate agent, is accused of publishing an unlicensed copy of Bell’s copyrighted “Indianapolis Nighttime Photo.” Bell, who is both a copyright attorney and a professional photographer, registered the photo in 2011 with the U.S. Copyright Office under Registration No. VA0001785115.

This lawsuit contends that the publication of the photo constitutes both copyright infringement and unfair competition. Bell also claims that Cherf disparaged him by falsely claiming that she owned the copyrights of all images on the website, including his photo.

Stating that the infringement was willful, Bell asks the federal court for the maximum statutory damages along with injunctive relief, costs and attorneys’ fees.

Practice Tip: Bell has filed numerous lawsuits in Indiana federal courts alleging copyright infringement. See:

• Limousine Service Sued for Copyright Infringement
• Bell’s Copyright Litigation Expands to Include IU, Purdue and Others
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

September 26, 2016

Indiana Copyright Litigation: Limousine Service Sued for Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Copyright attorney, professional photographer and frequent litigant Richard Bell of McCordsville, Indiana filed the latest in a string of Indiana lawsuits asserting copyright infringement.

This litigation, commenced in the Southern District of Indiana, alleges that Defendant A1 Luxury Limousine of South Florida, Inc. of Boynton Beach, Florida infringed Bell’s rights in a copyrighted photograph by using the photo on the company’s website without having purchased a license from Bell.

The photo, titled “Indianapolis Nighttime Photo,” has been registered with the U.S. Copyright Office under Registration No. VA0001785115. It was taken in 2000 and registered in 2011.

Bell lists claims of copyright infringement and unfair competition against A1. As with most or all of Bell’s other Indiana lawsuits claiming infringement of his “Indianapolis Nighttime Photo” or his “Indianapolis Photo,” this complaint further alleges that infringement is being willfully engaged in “with oppression, fraud, and malice.”

Bell asks the court for injunctive relief, statutory damages, costs and attorneys’ fees.

Practice Tip: We have blogged about Bell’s Indiana copyright litigation in previous posts. See:

• Bell Sues Shuttered Auto Repair Shop for Infringing Copyrighted Photo
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

September 23, 2016

Indiana Copyright Litigation: Bell Sues Shuttered Auto Repair Shop for Infringing Copyrighted Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff Richard Bell of McCordsville, Indiana, a copyright lawyer and professional photographer, sued Defendant Hornberger Imports, Inc. of Beech Grove, Indiana in the Southern District of Indiana for copyright infringement.

As with most or all of Bell’s recent Indiana copyright litigation, this lawsuit pertains to works that have been registered with the U.S. Copyright Office under Reg. No. VA0001785115. This registration covers two photos, Bell’s “Indianapolis Photo” and his “Indianapolis Nighttime Photo.”

In this lawsuit, Bell contends that Defendant Hornberger infringed his copyright in the “Indianapolis Nighttime Photo” by publishing the photo on Hornberger’s website at www.hornbergerimports.com sometime in 2016 without having purchased a license to do so. Bell’s complaint states that Defendant “continue [sic] infringing conduct which has caused and is causing substantial and irreparable injury and damage to Plaintiff…and, unless, restrained, will cause further irreparable injury.” The complaint further contends that the alleged ongoing infringement is being willfully engaged in “with oppression, fraud, and malice.”

In addition to copyright infringement, a claim of unfair competition is included. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.

Practice Tip #1: Hornberger Imports appears to have ceased operations in February 2015.

Practice Tip #2: Bell is a prolific copyright litigant. We have blogged about his copyright litigation in the past. See:

• Bell’s Copyright Litigation Expands to Include IU, Purdue and Others
• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

September 22, 2016

Indiana Copyright Litigation: Ziggy’s Bar & Grill Sued by BMI for Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – A copyright litigator for Broadcast Music, Inc. (“BMI”) of New York, New York filed a lawsuit in the Southern District of Indiana alleging copyright infringement.

Defendants in this Indiana litigation, all residents of Indianapolis, Indiana, consist of one business entity, KD&R Enterprises LLC d/b/a Ziggy’s a/k/a Ziggy’s Bar & Grill, and three individuals, Krista Stallings, Denice Benefiel and Ryan Cromer.

Defendant KD&R Enterprises is accused of publicly performing copyrighted musical compositions and/or causing such musical compositions to be publicly performed without authorization. The complaint lists Stallings, Benefiel and Cromer separately as Defendants on the grounds that each is an officer or member of KD&R Enterprises with a responsibility for its operation and that each has a direct financial interest in the company.

The complaint alleges that Defendants were contacted 70 or more times “in an effort to educate Defendants as to their obligations under the Copyright Act with respect to the necessity of purchasing a license for the public performance of musical compositions in the BMI repertoire” but that infringement of BMI’s copyrighted works continued. In this lawsuit, six claims of willful infringement are made against Defendants.

BMI is joined in this copyright litigation by the owners of the copyrighted works: Dennis Linde Legacy, Rondor Music International, Inc. d/b/a Irving Music, Songpainter Music, Universal-Songs of Polygram International, Inc., Songs of Universal, Inc., Escatawpa Songs and McMoore McLesst Publishing.

Plaintiffs seek injunctive relief along with statutory damages, costs and attorney’s fees.

September 19, 2016

Indiana Copyright Litigation: Bell’s Copyright Litigation Expands to Include IU, Purdue and Others

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Copyright attorney and professional photographer Richard Bell of McCordsville, Indiana filed four new lawsuits in the Southern District of Indiana alleging copyright infringement.

Defendants in these four new cases are: Indiana University of Bloomington and Indianapolis, Indiana; Purdue University of West Lafayette, Indiana; David Powell and Midwest Regional Network for Intervention with Sex Offenders of Indianapolis, Indiana; and East Coast Health Insurance, Inc. of Deerfield Beach, Florida.

At issue in these four lawsuits are two photos, Bell’s “Indianapolis Photo” and his “Indianapolis Nighttime Photo,” which have been registered with the U.S. Copyright Office under Registration No. VA0001785115.

Bell contends that the two universities infringed the copyright of the “Indianapolis Photo,” while the remaining Defendants are accused of having infringed the “Indianapolis Nighttime Photo.”

Bell makes claims of “Copyright Infringement and Unfair Competition” and seeks statutory damages, injunctive relief, costs and attorneys’ fees.

Practice Tip: Bell is a frequent copyright litigant in Indiana. Our previous posts about his litigation include:

• Copyright Attorney Shifts to Alleging Infringement of Different Photo
• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit

September 16, 2016

Indiana Copyright Litigation: Copyright Attorney Shifts to Alleging Infringement of Different Photo

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Copyright attorney and Plaintiff Richard Bell of McCordsville, Indiana filed a new group of lawsuits in the Southern District of Indiana asserting infringement of a copyrighted photo.

The photo in question in these latest lawsuits, Bell’s “Indianapolis Nighttime Photo,” was registered on August 4, 2011 with the U.S. Copyright Office under Registration No. VA0001785115. In most of Bell’s prior litigation asserting infringement of his copyrighted photos (see “Practice Tip” below), only his “Indianapolis Photo,” taken during the daytime, has been at issue.

Three new Defendants are the subjects of these copyright lawsuits: Dave Tipton of Indianapolis, Indiana, Keith Buckley of Fishers, Indiana and A Place for Mom, Inc. of Everett, Washington. Bell contends that each Defendant “downloaded or took the Indianapolis Nighttime Photo from the internet without permission from the owner, Richard N. Bell and copied on to [sic] a webserver controlled by the Defendant” and, in so doing, committed copyright infringement.

Each of the lawsuits lists a count of “Copyright Infringement and Unfair Competition.” Bell seeks injunctive relief along with statutory damages, costs and attorneys’ fees.

Practice Tip: We have blogged about Bell’s copyright lawsuits numerous times in the past. See:

• Attorney/Plaintiff Accuses Wisconsin Analytics Firm of Copyright Infringement
• Bell Names Aramark in Latest Copyright Infringement Lawsuit
• Attorney/Photographer Sues North Carolina Hotel Operator
• Attorney/Plaintiff Bell Files Three New Lawsuits Over Photo of Indianapolis Skyline
• Eight New Infringement Lawsuits Filed by Attorney/Plaintiff
• Attorney/Photographer Files Two New Infringement Lawsuits
• Lawsuit by Frequent Copyright Litigant Dismissed for Lack of Jurisdiction
• District Court Terminates Copyright Suit Over Photo; Plaintiff Appeals
• Remaining Copyright Defendants in Bell Lawsuit to be Dismissed
• Attorney/Photographer Sues Georgia Real Estate Company for Infringing Copyrighted Photo
• Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
• Appellate Court Dismisses Copyright Appeal as Premature
• Bell Rings in the Holiday Weekend with a New Copyright Lawsuit
• Bell Files New Copyright Infringement Lawsuit
• Bell Sues Georgia-Based FindTicketsFast.com for Copyright Infringement
• Richard Bell Files Two New Copyright Infringement Lawsuits
• Court Prevents Copyright Plaintiff Bell from Outmaneuvering Legal System; Orders Bell to Pay Almost $34,000 in Fees and Costs
• Three Default Judgments of $2,500 Ordered for Copyright Infringement
• Court Orders Severance of Misjoined Copyright Infringement Complaint

• Richard Bell Files Another Copyright Infringement Lawsuit