Indiana Intellectual Property Law News
Indianapolis; IN – Attorney Richard N. Bell of Indianapolis, Indiana filed two copyright infringement lawsuits regarding photographs of Indianapolis that Mr. Bell took. The first copyright infringement suit alleges Cameron Taylor and Taylor Computer Solutions of Indianapolis, Indiana, Event Premium Tickets of North Fort Myers, Florida, Fred O’Brien and Insurance Concepts of Plainfield, Indiana, Premium Sport Tours of Australia, ForeclosureWarehouse.com, and The Fixx Hair Studio of Indianapolis infringed Mr. Bell’s copyrighted work Indianapolis Photo. Mr. Bell alleges that the defendants used the photograph 
for commercial use without authorization and without payment to Mr. Bell. On his copyright infringement claim, Mr. Bell seeks an injunction, damages, a declaration of violation of Mr. Bell’s copyright, costs, and attorney fees. Mr. Bell has also made a claim of theft, alleging “the Defendant has knowingly or intentionally exerts unauthorized control over property of the Plaintiff[.]” On the theft count, Mr. Bell seeks actual and punitive damages, costs and attorney fees.
The second copyright infringement suit alleges Indy Cleaning Pros and James and Karen Allan of Indianapolis, Indiana infringed Mr. Bell’s copyrighted work INDIANAPOLIS SKYLINE PHOTO. Neither photo has been registered by the US Copyright Office. The complaint alleges that Indy Cleaning Pros and the Allans have used the copyrighted photo in advertising material without Mr. Bell’s authorization and without compensating Mr. Bell. On his copyright infringement claim, Mr. Bell seeks an injunction, damages, a declaration of violation of Mr. Bell’s copyright, costs, and attorney fees. Mr. Bell has also made a claim of theft, alleging “the Defendant has knowingly or intentionally exerts unauthorized control over property of the Plaintiff[.]” On the theft count, Mr. Bell seeks actual and punitive damages, costs and attorney fees.
Practice Tip: In this case, in addition to claiming copyright infringement, the Plaintiff has made claims of theft based upon allegations of unauthorized use of the photographs. In 1985, however, the U.S. Supreme Court held in Dowling v. United States, 473 U.S. 207 (1985), that a copyright infringer could not be criminally charged under the federal criminal theft statute. The Court noted “The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use.”
The first case has been assigned to Judge Sarah Evans Barker and Magistrate Judge Tim A. Baker in the Southern District of Indiana, and assigned Case No. 1:11-cv-00766-SEB-TAB. The second case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Denise K. LaRue in the Southern District of Indiana, and assigned Case No. 1:11-cv-00765-TWP-DKL.
Further Information about the cases are as follows:
Filed: June 7, 2011 as 1:2011cv00766 Updated: June 14, 2011 05:06:43
Plaintiff: RICHARD N. BELL
Defendants: CAMERON TAYLOR, EVENT PREMIUM TICKETS, FORECLOSURE WAREHOUSE.COM, INC., FRED O’BRIEN, INSURANCE CONCEPTS and others
Presiding Judge:Sarah Evans Barker
Referring Judge:Tim A. Baker
Cause Of Action: Copyright Infringement
Court:Seventh Circuit > Indiana > Southern District Court
Type:Intellectual Property > CopyrightComplaint
Filed: June 7, 2011 as 1:2011cv00765 Updated: June 14, 2011 05:06:43
Plaintiff: RICHARD N. BELL
Defendants: INDY CLEANING PROS, JAMES ALLEN and KAREN ALLEN
Presiding Judge:Tanya Walton Pratt
Referring Judge:Denise K. LaRue
Cause Of Action: Copyright Infringement
Court:Seventh Circuit > Indiana > Southern District Court
Type:Intellectual Property > Copyright
Filed: June 7, 2011 as 1:2011cv00765 Updated: June 14, 2011 05:06:43
Plaintiff: RICHARD N. BELL
Defendants: INDY CLEANING PROS, JAMES ALLEN and KAREN ALLEN
Presiding Judge:Tanya Walton Pratt
Referring Judge:Denise K. LaRue
Cause Of Action: Copyright Infringement
Court:Seventh Circuit > Indiana > Southern District Court