Articles Posted in Copyright Infringement

Chicago, Illinois – The Seventh Circuit Court of Appeals has ruled against Plaintiff Reginald Hart in an intellectual property lawsuit filed against Amazon.com.

Plaintiff Hart, filing pro se, sued Amazon.com, Inc. alleging various state and federal claims, including copyright infringement, aiding and abetting counterfeiting, and intentional infliction of emotional distress.  Hart, the author of two self-published books, Vagabond Natural and Vagabond Spiritual, claimed that Amazon had permitted six counterfeit copies of his books to be advertised for sale and/or sold on its website by third parties.  Hart further claimed that Amazon had “forcefully exploited” the books by counterfeiting them “for its own commercial use.”  He stated that the books, which detailed his experiences as a homeless man, would have generated “millions of dollars for Amazon” and allowed him “to end homelessness [and not only for himself] both in the U.S. and abroad.”

Hart asserted to the court that he was certain that the books were unauthorized reproductions of his works as they did not bear “indicia of authenticity known only to him.”  The indicator that a book was genuine, according to Plaintiff, was his fingernail indentations on the cover of the book.  Plaintiff provided photographs purporting to show both authorized copies of Plaintiff’s books and books alleged to be fake.  The court, however, concluded that the “two types of book are in all respects identical.”

Indianapolis, Indiana – Cook Productions, LLC of Los Angeles, California filed a lawsuit accusing unnamed Doe Defendants of copyright infringement.  The lawsuit, filed in the Southern District of Indiana, mirrors another lawsuit filed by Cook Productions in the Northern District of Indiana.

The copyrighted work at issue is the motion picture “Mr. Church,” which features Eddie Murphy and Britt Robertson.  The movie has been registered with the U.S. Copyright Office under Registration No. PA 2-002-851.

In this litigation, filed by a copyright lawyer for Plaintiff, the ten unnamed Doe Defendants are accused of having participated in a BitTorrent swarm to disseminate illegal copies of the movie.  Plaintiff states that it used geolocation technology to trace Defendants to the Southern District of Indiana.

South Bend, Indiana – Plaintiff Cook Productions, LLC of Los Angeles, California sued 11 unnamed “Doe” Defendants in the Northern District of Indiana for infringing the copyrighted motion picture “Mr. Church.”

The movie, which features Eddie Murphy and Britt Robertson, tells the story of a lifelong friendship that began when a cook agreed to help a little girl and her dying mother.  It was registered with the U.S. Copyright Office on August 29, 2016 under Registration No. PA 2-002-851.

In this Indiana lawsuit, a copyright attorney for Plaintiff contends that Mr. Church was unlawfully released on the internet and shared, potentially worldwide, using the BitTorrent file-sharing protocol.  Defendants in this litigation are accused of having participated as part of a BitTorrent “swarm,” in which each Defendant shared portions of the movie with other Defendants, ultimately resulting in each Defendant obtaining a complete copy.  Plaintiff asserts that it used geolocation technology to trace the Internet Protocol addresses of each Defendant to a point of origin within the Northern District of Indiana and that, consequently, jurisdiction in Indiana is proper.

Hammond and Indianapolis, Indiana – A copyright litigator for Plaintiff ME2 Productions, Inc. of Carson City, Nevada filed three new complaints in Indiana federal courts alleging copyright infringement.

Plaintiff asserts that a total of 25 as-yet-unknown Defendants infringed the copyrighted movie “Mechanic: Resurrection,” which stars Jason Statham, Jessica Alba and Tommy Lee Jones.  The movie has been registered with the U.S. Copyright Office under Registration No. PA-1-998-057.

In its complaints, Plaintiff contends that Defendants were traced to Internet Protocol addresses in Indiana using geolocation technology.  Two lawsuits were filed in the Northern District of Indiana; one was filed in the Southern District of Indiana.

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.

Plaintiffs contend that Hoosier Daddy committed four acts of copyright infringement by publically performing musical compositions without purchasing the proper license from BMI. They further state that Defendants were contacted more than 30 times “in an effort to educate Defendants as to their obligations under the Copyright Act with respect to the necessity of purchasing a license.” Plaintiffs assert that Defendants threaten to continue to commit copyright infringement and ask the court to rule that the infringement of the copyrights-in-suit was willful.

The following musical compositions, allegedly infringed on August 12, 2016, have been listed in this litigation:

Musical
Composition

Registration
and Date of Registration

Lying Here with Linda on My Mind

Ep 315410, August 17, 1973

Baby Likes to Rock It

PA 730-793, October 13, 1994

Bad to the Bone

PAu 363-194, November 30, 1981

Jessie’s Girl

PA 100-885, April 28, 1981

PA 124-280, November 20, 1981

Plaintiffs claim that they have suffered great and incalculable damage as a result of the alleged infringement by Defendants. They ask for equitable relief to enjoining Defendants from committing further acts of infringement. They also seek statutory damages pursuant to 17 U.S.C. §504(c) and costs, including reasonable attorneys’ fees.

Continue reading

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.

Complaint by pauloverhauser on Scribd

Continue reading

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

Continue reading

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.

Continue reading

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

Continue reading

2016-09-26-Photo-blog.jpg

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

Continue reading

Contact Information