Copyright Infringement

June 3, 2011

Lisa Angle Sues Math-U-See, Inc. et al. for Copyright Infringement of Home Schooling Curriculum Materials

South Bend, IN – Copyright lawyers for Susan Lynch, of Indiana, Math-U-See Indiana, Inc. of Indiana, and Lisa and Jim Angle, of Idaho, filed a breach of contract and copyright infringement suit alleging Math-U-See, Inc. of Lancaster, Pennsylvania, and Steve and Ethan Demme infringed the works CALCULUS WORKS, RECORDED CALCULUS LESSONS, HONORS BOOKS, PRE-CALCULUS WORKS, ALGEBRA 2 AND QUIZ WORKS, and TEST BOOKLETS.

The complaint alleges that Steve Demme owns Math-U-See, Inc. and invented the Math-U-See curriculum for home schooling parents in the early 1990s. Steve Demme used a business model of having individual representatives and distributors to sell the Math-U-See curriculum. The plaintiffs were “Reps,” and Plaintiff Lisa Angle also wrote additional material for Math-U-See, which are the copyrighted works that the copyright infringement claim is based upon. The complaint alleges that Sue Lynch was the Rep for Indiana and Illinois beginning in 1996 and built sales to hundreds of thousands of dollars by 2009. Lisa and Jim Angle were Reps for Montana, North Dakota, Alabama, and Tennessee. The complaint alleges that in 2010 Steve Demme, with help of Ethan Demme, ended the representative business model and cut the plaintiffs out of selling the Math-U-See curriculum. Ms. Angle claims that the Defendants continued to use the copyrighted materials she created after the agreement was terminated and without Ms. Angle’s permission. The complaint makes claims of breach of contract, breach of good faith, breach of fiduciary duty, violation of Indiana Franchise Act, violation of Illinois Franchise Act, violation of the Idaho Unfair Trade Practices Act, violation of Illinois Unfair Trade Practices Act, violation of Tennessee Unfair Trade Practices Act, Violation of Law 75 of Puerto Rico, tortuous interference with contract, tortuous interference with prospective business relations, wrongful conversion of customer list, promissory estoppel, unjust enrichment/quantum meruit, accounting and six counts of copyright infringement. The plaintiffs seek actual and punitive damages, an injunction prohibiting further distribution of the copyrighted works, costs and attorney fees.

Practice Tip: In this case, Ms. Angle claims she is the author and rightful owner of the copyrights to the works described in the complaint. She claims the defendants violated 17 U.S.C. 106 of the Copyright Act. Ms. Angle has not formally registered her copyrights with the US Copyright Office, however, this is not a necessity for her infringement claims to succeed. Rather, the Copyright Act provides that “Copyright in a work protected under this title vests initially in the author or authors of the work.”

May 20, 2011

Hard Drive Productions, Inc. Sues 21 Indiana John Does for Copyright Infringement of Adult Entertainment Video Via BitTorrent

By Overhauser Law Offices, LLC

New Albany, IN – A Copyright lawyer for Hard Drive Productions, Inc. of Phoenix, Arizona filed a copyright infringement suit alleging 21 unnamed John Does who reside in Indiana infringed the copyrighted video work entitled AMATEUR ALLURE – ERIN which has been registered by the US Copyright Office.

Hard Drive Productions is an adult entertainment company that produced the video at issue. The complaint alleges that the 21 John Does have unlawfully reproduced and/or distributed the copyrighted video using the BitTorrent “distribution protocol”. The complaint states that Hard Drive has the Internet Protocol address (“IP address”) of these 21 individuals and will learn their identities during discovery. Hard Drive has made claims of copyright infringement and civil conspiracy. The complaint seeks an order impounding all copies of the video, damages, and litigation expenses.

This case has been assigned to Judge Sarah Evans Barkerand Magistrate Judge William G. Hussmann in the Southern District of Indiana, and assigned Case No. 4:11-cv-00059-SEB-WGH.

Practice Tip: As has been reported elsewhere, it appears the adult entertainment industry has adopted the copyright litigation strategy that the music industry used to halt online music sharing. Specifically, file sharing using the BitTorrent program is being targeted for litigation. According to one report, as of November 2010, over 16,000 anonymous BitTorrent users had been sued by the adult entertainment industry for illegally sharing copyrighted materials. Hard Drive Productions filed a similar lawsuit against 300 Illinois John Does late last year. Unlike the music industry copyright litigation, these individuals are likely to be greatly embarrassed when their identities are unveiled in the discovery phase of litigation.
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May 13, 2011

WB Music Corp. et al. Sues Langel’s, Inc. and Its President for Copyright Infringement for Unauthorized Performance of Songs

By Overhauser Law Offices, LLC

Hammond, IN – Copyright lawyers for WB Music Corporation and six other music companies filed a copyright infringement suit alleging Langel’s, Inc. of Highland, Indiana infringed three copyrighted songs. Specifically, the songs at issue are: VOGUE by Madonna, FALLIN by Alicia Keys, and HEART OF ROCK AND ROLL by Huey Lewis, all of which have been registered by the US Copyright Office. WB Music has also filed the claims against Rodney D. Langel, the president of Langel’s, Inc.

The complaint alleges that Langel’s owns and operates Rodney’s Sports Bar and Langel’s Pizza in Highland, Indiana. WB alleges that the three songs at issue were performed at these establishments without license from the copyright owners in May 2008. The plaintiffs in this suit are the owners of the rights to these songs. WB Music and the others allege that Langel’s Inc. and Mr. Langel had been warned by the American Society of Composers, Artists, and Publishers (ASCAP) about its liability for copyright infringement. The complaint makes three claims of copyright infringement pursuant 17 U.S.C. § 501.

Practice Tip: In this case, the plaintiffs have sued Mr. Langel, the president of Langel’s, Inc., personally. Copyright laws allow an officer of a corporation to be held liable for the corporation’s copyright infringement if the officer contributes to the infringement by inducing or encouraging the infringement. An officer can also be liable for copyright infringement if the officer supervises the infringing conduct and has a direct financial benefit from the infringement.

This case has been assigned to Judge Theresa Springmann and Magistrate Judge Paul Cherry in the Northern District of Indiana, and assigned case no. 2:11-cv-00166-TLS-PRC.
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May 10, 2011

Judge McKinney Presides over Jury Trial in Harvest Scents v. KMI Copyright Infringement Lawsuit After Denying KMI Evidentiary Motions

By Overhauser Law Offices, LLC

Indianapolis, IN – This week Senior Judge Larry J. McKinney of the Southern District of Indiana is presiding over a jury trial of a copyright infringement lawsuit. The case is Harvest Scents & Traders LLC v. KMI International Corporation. The trial began on Monday, May 2, continued through last week, and resumed on Monday. According to the latest information available on PACER, the trial continues today.

Copyright attorneys for Harvest Scents, of Indianapolis, filed this copyright infringement lawsuit in March 2008. The complaint alleges that KMI, an Illinois company, has sold and distributed products that contained material that Harvest Scents has copyrighted. There are six works at issue that registered by the US Copyright Office:

Willow Tree, registration number VA 1-380-918

Primitive Pear Collection, registration number VA 1-421-622

Primitive Wood Button Collection, registration number VA 1-421-623

Baskets-n-Berries Collection, registration number VA 1-424-839

Homespun Collection, registration number VA 1-421-620

Roughsawn Collection, registration number VA 1-424-205

The trial began following several recent rulings on evidentiary matters by Judge McKinney. On February 28, 2011, Judge McKinney denied KMI’s motion in limine to preclude Harvest Scents from introducing evidence at trial of its products that it had not deposited with the US Copyright Office when it submitted its copyright application. KMI had argued that “the introduction of this evidence will invite the jury to find that KMI infringed on unregistered derivative works, unduly prejudicing KMI because Harvest Scents may not bring suit based on infringement of unregistered works, 17 U.S.C. § 411.” The court rejected this argument and allowed the evidence at trial. The court explained, “Direct copying of the registered work is not necessary to infringe, so long as the protected elements are copied. See JCW Invs., Inc. v. Novelty Inc., 482 F.3d 910, 914 (7th Cir. 2007) (noting that the elements of infringement include “copying of constituent elements”); see also KnowledgeAZ, Inc., 617 F. Supp. 2d at 789.” This ruling is available here.
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May 4, 2011

New York Times Reports on Controversial Company That Enforces Copyrights Online

By Overhauser Law Offices, LLC

New York – The New York Times reported earlier this week on Righthaven, LLC, a company that has sued hundreds of bloggers for copyright violation. The N.Y. Times story profiles one such blogger, Brian Hill, a 20 year-old North Carolina resident, who was sued by Righthaven after he used a photo of an airport security pat-down on his blog. Righthaven has filed over 250 copyright infringement lawsuits since its founding in 2010, including 24 in March 2011. According to reports, its business model is to purchase assignments of copyrights from newspapers and similar organizations and then search for infringing web postings to sue their publishers.

A Google search on Righthaven reveals that there are numerous websites devoted to condemning Righthaven, calling the company “a bottom feeding legal outfit” and “copyright trolls.” As the N.Y. Times story reported, copyright attorneys have questioned whether the fair use doctrine might protect some of the bloggers sued by Righthaven. The Media Bloggers Association has filed an amicus curiae brief support the rights of the bloggers and raising First Amendment issues. Other attorneys have accused Righthaven of fraud, according to a report from the Las Vegas Sun.

Practice Tip: Although Righthaven has not filed any copyright infringement lawsuits in Indiana district courts to date, this story illustrates the importance of ensuring that a web blogger has rights to use all materials that are posted on the blog. This story brings forth yet again the continuing controversies surrounding copyrights and the Internet.

April 14, 2011

Coach, Inc. Sues Chaos of Muncie and Angelina’s Unique Boutique for Trademark and Trade Dress Infringement For Sale of Coach Knock-Off Products

By Overhauser Law Offices, LLC

Indianapolis, IN – Trademark and copyright lawyers for Coach of New York, New York filed two trademark and copyright infringement suit alleging that Indiana companies and individuals infringed several trademark and copyright registrations in the US Trademark Office and the US Copyright Office.

In the first infringement lawsuit, Coach alleges that Chaos of Muncie, Chaos on Campus, LLC and Teresa Barnes of Muncie, Indiana have been offering for sale and advertising Coach knock-off products. The complaint alleges that in February, the store was offering for sale fifty-five Coach knock-off items including flip-flops, handbags, wallets, and sunglasses. The complaint alleges trademark counterfeiting, trademark infringement, trade dress infringement, false designation of origin, false advertising, trademark dilution, copyright infringement, common law trademark infringement, common law unfair competition, forgery, and counterfeiting.

April 8, 2011

Angela Ethel Brooks-Ngwenya sues Indianapolis Public Schools for Copyright Infringement of the program “TIRS.”

By Overhauser Law Offices, LLC

Indianapolis, IN – Pro se plaintiff Angela Ethel Brooks-Ngwenya of Fort Wayne, Indiana filed a copyright infringement suit alleging Indianapolis Public Schools (I.P.S.) infringed the copyrighted work “TIRS”-Transitioning Into Responsible Students, which has been registered by the US Copyright Office, Registration Number TX0006628223 / 2006-05-26.

Ms. Brook-Ngwenya has previously sued I.P.S. over alleged copyright infringement of TIRS, which Ms. Brooks-Ngwenya claims is an educational program she developed while working at I.P.S. The Seventh Circuit Court of Appeals, however, dismissed the case two years ago, after determining that Ms. Brook-Ngwenya had not filed a notice to the Register of Copyrights. The Seventh Circuit Court opinion can be found here: http://caselaw.findlaw.com/us-7th-circuit/1349120.html. In her present lawsuit, Ms. Brooks-Ngwenya alleges copyright infringement and that an attorney involved committed misconduct in the prior case.

This case has been assigned to Judge Sarah Evans Barker and Magistrate Judge Mark J. Dinsmore in the Southern District of Indianaand assigned case no. 1:11-cv-00483-SEB-MJD.
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March 18, 2011

Garden Homes Sues Former Notre Dame Football Coach Charles Weis for Copyright and Trade Dress Infringement Over Home Plans

By Overhauser Law Offices, LLC

South Bend, IN – An intellectual property attorney for Garden Homes, of St. Joseph County, Indiana, filed a copyright and trade dress infringement lawsuit against Charles and Maura Weis, of Florida, and Ryan Rans, of Indiana. Charles Weis is the former head coach of the Notre Dame‘s football team. The copyrighted work is custom plans for homes and has been registered by the US Copyright Office.
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March 15, 2011

BMI Sues Olive’or Twist Bar for Copyright Infringement of Unlicensed Performance of Five Songs

By Overhauser Law Offices, LLC

South Bend, IN – Copyright lawyers for Broadcast Music, Inc. (BMI) of New York filed a copyright infringement suit alleging Olive’Or Twist Bar of Elkhart, Indiana and its owner infringed the copyrights of the copyrights to certain songs to which BMI owns the exclusive broadcast license. Nine other companies, the copyright owners of the songs at issue, have also joined the copyright infringement lawsuit as plaintiffs.
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February 28, 2011

Mary E. Hining sues Rebecca L. Gregg for copyright infringement of artwork sold on Etsy.com

By Overhauser Law Offices, LLC

Indianapolis, IN – Last week Mary E. Hining, Pro Se, of Durham, NC filed a copyright infringement suit against Rebecca L. Gregg of Indianapolis in the Southern District of Indiana. Ms. Hining alleges that Ms. Gregg sold painted glassware on Etsy.com, a website where artists offer their work for sale, in violation of 17 U.S.C. § 501. Ms. Hining owns Copyright Registration No. VA0001718592, which copyrighted work HAND-PAINTED GLASSWARE DESIGNED BY MARYWIBIS ALSO KNOWN AS MARYELIZABETHARTS. The copyright is registered by the US Copyright Office.

Ms. Hining creates and sells champagne tasting glasses with hand painted leaves and branches of various types of trees on Etsy.com under the name marywibis. She has copyrighted her work and registered the copyright with the US Copyright Office. In the complaint, which Ms. Hining filed on her own and with out the assistance of a copyright attorney, Ms. Hining alleges that Ms. Gregg offers for sale on Etsy.com glasses that are virtually identical and that infringe upon Ms. Hining’s copyright. Ms. Gregg offers the glasses under the name gnome292. Ms. Hining is seeking an injunction and damages.