Articles Posted in Copyright Infringement

A group of music publishers and copyright owners—including Broadcast Music, Inc. (BMI), Howe Sound Music Publishing LLC, d/b/a Cypress Park Music, House of Cash, Inc., Showbilly Music, Muscle Shoals Sound Publishing Co., Peermusic III Ltd., Sony/ATV Songs LLC, d/b/a Sony/ATV Tree Publishing, Buffalo Prairie Songs, Fame Publishing Company LLC, and Southeastern Publishing LLC—has filed a lawsuit against That Place Bar LLC, and an individual named Scott Coyle. The plaintiffs have made claims of willful copyright infringement, alleging that the bar played or permitted the public performance of songs from the BMI music collection without obtaining the required license.

BMI manages the rights to over 22 million songs and is authorized to grant licenses that allow businesses to play these songs in public. According to the lawsuit, That Place Bar, located in Indianapolis, Indiana and operated by That Place Bar LLC, played music from BMI’s collection without getting the required license. Since March 2024, BMI says it contacted the bar more than 50 times—by phone, email, and mail—to explain the need for a license and to warn them to stop playing the music. These efforts included formal notices ordering them to stop, but the bar allegedly continued to use the music without permission.

The lawsuit includes seven separate claims of copyright infringement, each involving different songs owned by the plaintiffs. It also states that Scott Coyle, as the manager of the bar, had control over the business and a financial interest in its operation. Therefore, he is also being held responsible.

The Plaintiffs, House of Bram, Little Nemo Music, and Major Bob Music Co., through their lawyers, have filed a lawsuit claiming that their copyrights have been violated under U.S. copyright law. Their main argument is that the Defendants allegedly played the Plaintiffs’ copyrighted music in public without permission.

Defendant Franklinsteins, LLC is based in Indiana and operates Bud’s Rockin’ Country Bar and Grill in Evansville, Indiana, where the music in question is said to have been played publicly. The other Defendants, Kerry Chesser, Chad Brady, and Mikala Daly-Shemwell, are individuals involved in managing Franklinsteins. The Plaintiffs claim that all Defendants had control over what happened at Bud’s, including the music performances.

The Plaintiffs are members of ASCAP (the American Society of Composers, Authors, and Publishers), which protects the public performance rights for its members’ music. The complaint states that ASCAP has attempted to contact the Defendants more than 70 times through phone, mail, and email, offering them licenses to play the music. Despite these efforts, the Defendants allegedly refused to agree to the terms, and the Plaintiffs argue that the performances at Bud’s without a license are copyright violations.

August Image, LLC, a company based in New York that represents over 100 photographers, is suing Static Media Inc. (formerly 7Hops.com Inc.) for copyright infringement. The lawsuit involves two photographs owned by photographers Peter Yang and Benedict Evans, who are both represented by August Image. Yang’s photo features Eddie Van Halen and his son Wolfgang, while Evans’ photo shows gamer Tyler “Ninja” Blevins.

The company claims that Static Media used these images without permission on its websites, including Mashed.com and SVG.com, in 2021 and 2020. August Image says Static Media never reached out to get the proper licensing, even though the photos are professional work and not meant to be used freely.

August Image purports to hold the exclusive rights to these photos through agreements with the photographers and argues that Static Media’s actions were a clear violation of copyright. The company is asking for damages, any profits made from using the photos, and for Static Media to cover the legal costs. They also want a court order to stop Static Media from using the images again without permission.

Christopher Sadowski, a photojournalist from New Jersey, has filed a lawsuit against Fortner Services Inc., operating as Fortner Pest Control, for alleged copyright infringement. Sadowski, who has been published in various prominent outlets, including the New York Post and USA Today, has built a reputation not only for his award-winning photography but also for his diligent efforts to protect his intellectual property.  Over the years, he has filed multiple copyright infringement claims against various parties for unauthorized use of his work (See previous blog posts about these suits here, here, here, and here.).

As a self-employed photographer, Sadowski owns the rights to his work and licenses his photographs under terms that retain his copyright. The current suit states that in 2022, Sadowski created a photograph titled “112120rat5CS,” which was registered with the U.S. Copyright Office in December 2022. The photograph was later licensed to the New York Post and appeared in an article, with appropriate attribution to Sadowski.

Fortner Services, a pest control company based in Bedford, Indiana, operates a website and maintains a presence on social media. On December 13, 2023, Fortner allegedly displayed Sadowski’s copyrighted photograph on its website and social media without obtaining permission. Sadowski claims that Fortner did not contact him to request a license for use of the image, which was intended for commercial purposes.

Author, Dr. Keith F. Bell (“Plaintiff”), has filed another copyright infringement suit in Indiana (see past suit), this time against Bartholomew Consolidated School Corporation (“Bartholomew”) and Timothy Bless (“Bless”), again claiming infringement of his intellectual property. Dr. Bell wrote the book Winning Isn’t Normal in 1981, and the key passage titled “Winning Isn’t Normal” (WIN) is central to the book. Dr. Bell holds the copyrights for both the book and WIN, registered with the U.S. Copyright Office. He has invested significant effort in promoting his work, which is sold through his websites and various products like posters and t-shirts.

Dr. Bell alleges that Bless, as an employee of Bartholomew and a coach at Columbus North High School, used his copyrighted material without permission by posting a representation of the WIN chapter on social media in March 2022. Dr. Bell claims this act violated his exclusive rights, including reproduction, distribution, and public display of his intellectual property. He asserts that Bartholomew was aware of the infringement and failed to prevent it, benefiting from the activities linked to Bless’s posts. Additionally, Dr. Bell accuses the defendants of removing copyright management information from his work, violating the Digital Millennium Copyright Act (DMCA).

Dr. Bell further states that Bartholomew and Bless had previously entered into a settlement agreement in 2020, where they agreed to cease using WIN without proper authorization. He claims that the defendants’ actions in 2022 breached that agreement. As a result, Dr. Bell seeks injunctive relief, attorney’s fees, and damages up to $150,000 per infringed work.