Indiana Intellectual Property Law News
Amy Latka, a seasoned commercial photographer specializing in real estate photography and videography, has filed a lawsuit in the United States District Court for the Southern District of Indiana against Integra Builders LLC, a company based in Fishers, Indiana. Latka, who operates Dream Home Media LLC, claims that Integra infringed on her copyrighted photographs by using them without permission on its commercial website.
According to court documents, Latka captured two sets of photographs that are at the center of the lawsuit. The first set, referred to as “Copyrighted Photographs 1,” was taken on January 12, 2021, and depicted a property located in Fortville, Indiana. The second set, “Copyrighted Photographs 2,” was taken on May 20 and May 25, 2021, of another property located in Fishers, Indiana. According to the complaint, Integra began using these photographs on its website as early as July 1, 2021, without Latka’s consent. The lawsuit also claims that the infringement continued into 2024.
Latka asserts that Integra copied and posted her copyrighted photographs to its website, including the addition of a watermark bearing Integra’s name and logo. Latka claims that Integra acted with knowledge of the infringement, as she had notified the company of the unauthorized use in November 2021. Despite this, the company allegedly continued to display the photographs without securing a proper license or permission.
The lawsuit is based on violations of the Copyright Act of 1976, which grants the exclusive rights to use and distribute copyrighted
works to the original creators. Latka, as the registered copyright holder of the photographs, argues that Integra violated her exclusive rights by reproducing, distributing, and publicly displaying her images for commercial use. She further claims that Integra’s actions were willful, meaning the company either knew or recklessly disregarded the fact that it was infringing on her copyrights.
In the complaint, Latka seeks both actual and statutory damages for the infringement, along with a disgorgement of any profits that Integra may have gained from the unauthorized use of her photographs. She also requests a permanent injunction to prevent Integra from further infringing on her copyrights. Additionally, Latka is seeking reimbursement for her legal costs, including attorneys’ fees, and potential penalties for removing or altering copyright management information, in violation of the Copyright Act.
The case was assigned to Judge James Patrick Hanlon and Magistrate Judge Kellie M. Barr, in the U.S. District Court of Southern Indiana Case No. 1:24-cv-01591.