Articles Posted in Copyright Infringement

Lafayette, Indiana – Aaron Babcock (“Babcock”), the Plaintiff, claims to be a professional photographer in Lincoln, Nebraska. According to the complaint, Babcock photographed actor Bill Murray attending a Nebraska vs. Purdue football game (the “Photograph”). The Photograph was registered with the U.S. Copyright Office under Registration No. VA 2-126-687.

In the second of two lawsuits with identical parties, Babcock claims Gannett Satellite Information Network, LLC (“Gannett”), the Defendant, ran four articles on its websites featuring the Photograph. Babcock first sued Gannett for copyright infringement of a different photograph in December 2019 in the Western District of Wisconsin. In this case, Gannett allegedly used the Photograph without a license or permission from Babcock. As such, Babcock is seeking damages, costs, and attorneys’ fees for copyright infringement.

The case was assigned to Chief District Judge Theresa Lazar Springmann and Magistrate Judge Joshua P. Kolar in the Northern District and assigned Case 4:20-cv-00023-TLS-JPK.

Lafayette, Indiana – Professional photographer and Plaintiff, Bryan Glynn, managing member of BG Pictures LLC, claims Defendant Cigar Cigar LLC (“Cigar Cigar”) displayed his photograph protected by U.S. Copyright No. VAu 1-271-409  on its website without his consent. Glynn claims Cigar Cigar’s actions amount to copyright infringement in violation of 17 U.S.C. §§ 106 and 501. Pursuant to 17 U.S.C. §§ 504 and 505, Glynn is seeking Cigar Cigar’s profits from the use of the photograph, statutory damages, and attorney’s fees.

The case was assigned to District Judge Theresa L. Springmann and Magistrate Judge Joshua P. Kolar in the Northern District and assigned Case 4:20-cv-00022.

1-Complaint

South Bend, Indiana – Real Clear Holdings LLC (“RCH”), the Defendant, is alleged to have copied Plaintiff Christopher Sadowski’s photograph of Mayor Bill de Blasio (the “Photograph”) without a license or authorization. Sadowski claims to be a professional photographer and owner of U.S. Copyright No. VA 2-175-419 for the Photograph. According to the Complaint, Sadowski licensed the Photograph to the New York Post who posted the Photograph with Sadowski’s name in an article on its website on July 25, 2019.

RCH allegedly took the Photograph from the New York Post’s website and used the Photograph on RCH’s website www.realclearmarkets.com/ in an article posted on September 9, 2019. Sadowski claims RCH did not license the Photograph from him and did not have his permission to utilize the Photograph. He further claims RCH removed the copyright management information identifying Sadowski as the photographer as shown on the New York Post’s website and instead credited “YouTube”. Therefore, he is seeking damages for copyright infringement and removal and alteration of copyright management information.

The case was assigned to District Judge Damon R. Leichty and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00215-DRL-MGG.

South Bend, Indiana – Kevin Jairaj (“Jairaj”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs including one of Olympic gold medalist McKayla Maroney (the “Photograph”). Jairaj claims to have registered the Photograph with the U.S. Copyright Office and granted Copyright Registration No. VA 2-112-984. According to the Complaint, Defendant Gray Television ran multiple articles on its websites regarding the alleged sexual abuse of McKayla Maroney featuring the Photograph without a license. Jairaj is seeking damages and statutory relief for copyright infringement pursuant to 17 U.S.C. §§ 106 and 501 and intentionally removing copyright management information pursuant to 17 U.S.C. § 1202.

The case was assigned to District Judge Robert L. Miller, Jr., and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:20-cv-00156-RLM-MGG.

Complaint

Fort Wayne, Indiana – George Matula (“Matula”), the Plaintiff, claims to be a professional photographer in the business of licensing his photographs for a fee. Matula allegedly photographed a horse and registered the photograph as U.S. Copyright No. VA 2-154-421 (the “Photograph”) in 2018. According to the Complaint, Defendant Triple H Magazine ran the Photograph in its publication without licensing the Photograph from Matula in violation of the U.S. Copyright Act. Therefore, Matula is seeking damages for copyright infringement pursuant to 17 U.S.C. § 504(b).

The case was assigned to District Judge Holly A. Brady and Magistrate Judge Susan L. Collins in the Northern District and assigned Case 1:20-cv-00071-HAB-SLC.

Complaint

Hammond, Indiana – Broadcast Music, Inc. (“BMI”), along with eleven other Plaintiffs (the “Copyright Owners”), filed suit against Backstage of Indiana, LLC d/b/a Backstage on Broadway (“Backstage”) and Marcell Jackson (“Jackson” and collectively “Defendants”) alleging copyright infringement of six different musical compositions. BMI alleges it has licensing rights to the six musical compositions at issue which are owned by the eleven Copyright Owners. Jackson is allegedly an owner of Backstage and is responsible for the operation and management of the establishment including the public performance of musical compositions. BMI and the Copyright Owners are seeking damages for six claims of willful copyright infringement after allegedly reaching out to Defendants over seventy times in an effort to educate them on the Copyright Act and license the musical compositions to Defendants.

The case was assigned to Northern District Judge Philip P. Simon and Magistrate Judge Joshua P. Kolar in the Northern District and assigned Case 2:20-cv-00010-PPS-JPK.

BMI-Complaint