Copyright Infringement

September 6, 2024

Broadcast Brawl: Joe Hand Promotions Challenges Ralo’s Cocktail Lounge Over UFC Broadcast Rights

Joe Hand Promotions, Inc. (Plaintiff) has filed a lawsuit against Ralo’s Cocktail Lounge, LLC and its principal, Keon Frazier (Defendants), for the alleged, unauthorized public display of UFC 264 Poirier vs. McGregor 3 on July 10, 2021. The lawsuit addresses the legalities surrounding the broadcast of premium content in commercial settings.

Joe Hand Promotions, specializing in licensing exclusive sports programming, claims exclusive rights to distribute UFC events. They allege Ralo’s Cocktail Lounge exhibited UFC 264 without proper authorization, violating 47 U.S.C. §§ 553 and 605 under federal jurisdiction.

Ralo’s Cocktail Lounge, located in East Chicago, IN, is accused of using unauthorized means to broadcast the event, thereby avoiding licensing fees and attracting customers. Keon Frazier, a resident of Indiana and key figure in the establishment’s operations, is also named in the lawsuit.

August 23, 2024

Parisian Photography Sues Angi for Alleged Instagram Copyright Breach

By Overhauser Law Offices, LLC

Paris-based photographer Julien Pepy has filed a lawsuit against Angie’s List, Inc., also known as Angi, for alleged copyright infringement. The case, filed in the Southern District of Indiana, highlights the growing concerns around digital content use and copyright protections.

Julien Pepy, a professional photographer renowned for his distinctive images, claims that Angi, a major digital marketing company operating under the Instagram handle “@angi,” used his copyrighted photographs without permission. According to the complaint, Pepy’s works were displayed on Angi’s Instagram account in August 2023 without any authorization.

Pepy’s lawsuit alleges that Angi displayed three of his photographs—showcasing various angles and details of bathroom vanities—on its account. The complaint emphasizes that these images were not only displayed but were also distributed commercially, contradicting copyright laws that protect creators’ rights.

August 16, 2024

LifeWise, Inc. Sues Zachary Parrish for Alleged Copyright Infringement and Misuse of Curriculum

By Overhauser Law Offices, LLC

LifeWise, Inc., based in Hilliard, Ohio, has filed a lawsuit against Zachary Parrish of Ft. Wayne, Indiana, alleging willful copyright infringement. LifeWise is a privately funded, Christian non-profit organization that provides off-campus, released-time religious instruction to public school students whose families choose it. The organization has developed its own curriculum for use in the program and for licensing by third parties.

LifeWise claims that Parrish pretended to be a volunteer to gain unauthorized access to the password-protected curriculum and subsequently made it available on his own website. Additionally, LifeWise alleges that Parrish is the administrator of a private Facebook group called Parents Against LifeWise and has used the curriculum to undermine the organization and its mission. The plaintiffs argue that this unauthorized use and publication of their curriculum not only violated copyright laws but also jeopardized the sustainability and effectiveness of LifeWise’s educational programs.

Counsel for LifeWise repeatedly requested that Parrish remove the curriculum, but he refused, citing fair use. Court documents reveal that LifeWise filed a Digital Millennium Copyright Act (DMCA) Complaint and Takedown Notice, which led to the temporary removal of the curriculum from the hosting website. Parrish responded by filing a Counter Notice, arguing that the removal was a mistake because the curriculum falls under fair use.

June 7, 2024

Snapshot Showdown: Photographer’s Copyright Battle with Indiana Corporation, My Sauna World LLC

By Overhauser Law Offices, LLC

Prince William County, Viriginia – Plaintiff Morgan Howarth has filed suit against Fishers, Indiana Defendant, My Sauna World LLC. Morgan Howarth, a professional photographer, accuses Sauna World LLC of infringement under the Copyright Act, 17 U.S.C. §101 et seq. for allegedly using his copyrighted photographs without permission or authorization.

The photograph in question is a master bathroom image that Howarth claims he created and registered with the United States Copyright Office in 2011. Despite his purported ownership and licensing rights, Howarth argues that My Sauna World LLC prominently featured the photograph on its own website as part of an online product listing, thereby infringing on Howarth’s copyright.

Central to the case is the question of whether My Sauna World LLC’s actions constitute willful copyright infringement. Howarth argues that the defendant knowingly and intentionally violated his copyright by continuing to reproduce and display the photograph even after they were notified of the alleged infringement.

May 3, 2024

Legal Jab: Lawsuit Over Alleged Boxing Broadcast Interception Packs a Punch

By Overhauser Law Offices, LLC

Plaintiff, G & G Closed Circuit Events, LLC, a California-based company, has filed a lawsuit against Defendant, Pilot Pursuit LLP, along with Lynn A. Pittman, identified as its General Partner, operating the Recovery Room Lounge in Indianapolis, Indiana. The lawsuit centers on allegations of unauthorized interception, receipt, and broadcast of a televised sporting event known as the Gervonta Davis v. Ryan Garcia Championship Fight Program, which G & G Closed Circuit events, LLC holds exclusive nationwide commercial distribution rights to.

The suit alleges that Lynn A. Pittman, with her roles within Pilot Pursuit LLP and Recovery Room Lounge, had the authority and responsibility to supervise the establishment’s activities, including ensuring lawful operations. Despite this, the Plaintiff claims that Pittman either directed or permitted the interception and broadcast of the Program, leading to increased profits for the Lounge.

The defendants are accused of violating both Title 47 U.S.C. Section 605 and Title 47 U.S.C. Section 553, which prohibit the unauthorized interception, receipt, and publication of communications, including television broadcasts. These statutes aim to protect the exclusive rights of content distributors and prevent unauthorized commercial use.

April 29, 2024

Crosshairs on Copyright: Powderkeg Allegedly Targets August Image’s Intellectual Property

By Overhauser Law Offices, LLC

A legal dispute has arisen between Plaintiff August Image, LLC, a New York-based company representing over 100 contemporary photographers globally, and Indy Founders LLC, operating as Powderkeg, an Indiana-based digital community serving startups and professionals. The lawsuit alleges copyright infringement regarding a professional photograph taken by renowned photographer Peter Yang.

August Image, LLC, headquartered in New York City, specializes in representing creative photographers worldwide. Its collection encompasses various genres which are available for licensing, and the company is known for its commitment to customer satisfaction and meticulous acquisition of image rights.

Powderkeg, based in Indianapolis, Indiana, supports startups and professionals across the United States through its digital community. It provides resources and networking opportunities for over 10,000 active members nationwide.

March 25, 2024

Stormy Dispute: Copyright Infringement Case in Lafayette, Indiana

By Overhauser Law Offices, LLC

Lafayette, Indiana – Plaintiff Aaron Rigsby, a professional videographer, has brought suit against Defendant John W. Darnell, Inc. d/b/a All Seasons Roofing for alleged copyright infringement under the Copyright Act, 17 U.S.C §101 et seq.

According to the complaint, Aaron Rigsby recorded and produced a video capturing the aftermath of a tornado in Sullivan, Indiana. Rigsby then secured copyright registrations for his work, establishing his exclusive rights to its use and distribution.

Rigsby now alleges that All Seasons Roofing, operating under the account “@All Seasons Roofing and Restoration” on Facebook, unlawfully copied and displayed his video on their platform without obtaining the necessary permissions or licenses. This unauthorized use, as Rigsby contends, constitutes a violation of his exclusive rights as a copyright holder under 17 U.S.C. §106.

March 4, 2024

This is Garbage! Photographer Battles Circle City Broadcasting Over Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Defendant Circle City Broadcasting, LLC d/b/a WISH-TV, is being sued by Plaintiff Christopher Sadowski over alleged copyright infringement. Sadowski is a photojournalist from New Jersey, who has been published in numerous popular newspapers and magazines. While he holds the licenses to his photographs, court documents explain that Sadowski allows entities to purchase a one-time-use license for themselves.

According to the complaint, in 2019, Sadowski created and copyrighted a photograph titled “062219garbagetruck4CS,” depicting the bustling streets of New York City. In 2021, Circle City Broadcasting purportedly published Sadowski’s work on their website, without obtaining the necessary licensing. It is alleged that not only did they display the image without consent, but they also cropped out Sadowski’s copyright management information, potentially infringing upon his rights.

Despite Sadowski’s supposed attempts to resolve the matter amicably, Circle City Broadcasting purportedly failed to address the issue satisfactorily. Consequently, Sadowski pursued legal action to address the alleged willful infringement.

February 16, 2024

Copyright Originality Upheld: Seventh Circuit’s Decision in UIRC-GSA Holdings v. William Blair

By Overhauser Law Offices, LLC

On January 12, 2024, the Seventh Circuit Court of Appeals, in the matter of UIRC-GSA Holdings v. William Blair, upheld a district court’s ruling to award summary judgment and attorneys’ fees in favor of Blair. The issue revolved around copyright infringement claims brought by UIRC-GSA Holdings against William Blair, a financial services company. UIRC-GSA Holdings (hereafter referred to as UIRC) alleged that Blair copied certain documents used in bond offerings, which UIRC claimed copyright protection over. Blair prevailed at summary judgment, and the district court awarded attorneys’ fees under the Copyright Act. UIRC appealed, arguing that the district court erred in ruling that UIRC lacked the requisite originality for valid copyrights in the documents and in awarding fees to Blair.

The case involved UIRC, a company managing properties leased to the U.S. General Services Administration (GSA), seeking capital by pooling GSA properties and offering bonds. UIRC produced key documents for this process, including a private placement memorandum (PPM) and an indenture of trust, largely adapted from documents by the Idaho Housing and Finance Association, with the addition of some new language. The legal issue concerned the originality and copyrightability of UIRC’s documents, as copyright law requires works to be independently created with some degree of creativity to qualify for protection.

The district court ruled in favor of Blair, finding that UIRC’s documents lacked the necessary originality for copyright protection. The court noted that UIRC had extensively copied language from documents prepared by the Idaho Housing and Finance Association. Additionally, the court found that the new text added by UIRC consisted primarily of facts, fragmented phrases, or language dictated by functional considerations, which are not eligible for copyright protection.

January 26, 2024

Diamonds in Dispute: Shima’s Legal Battle Against SRT for Copyright Infringement

By Overhauser Law Offices, LLC

China – Plaintiff Guangzhou Shima Decoration Materials Co., Ltd. (Shima), a Chinese corporation specializing in home improvement items and building materials, has brought legal action against Shenzhen Ruimingxiang Technology Co., Ltd. (SRT) for alleged copyright infringement.

Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. It goes onto explain that in 2004, Liu created a graphic work known as the “Diamond Tile,” a unique square or rectangular tile featuring a three-dimensional design composed of various diamond-like elements, which he had copyrighted with the United States Copyright Office in 2017.

According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com. Shima alleges that SRT’s actions amount to willful infringement, resulting in substantial financial losses.