Articles Posted in Copyright Infringement

BMI-Logo-300x300Rockville, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Cotillion Music, Inc., Terry Stafford Music Co., House of Cash, Inc., Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, Tokeco Tunes, EMI Blackwood Music Inc., Warner-Tamerlane Publishing Corp., Lucky Thumb Music, Noah’s Little Boat Music, Sea Gayle, Music LLC d/b/a New Songs of Sea Gayle, Eldorotto Music Publishing, Big Glass Hitties, Spirit Music Group Inc. d/b/a Spirit of Nashville One have allegedly contacted Thirty Six Saloon, LLC d/b/a Thirty Six Saloon and Mark Vanderheyden over 35 times since April 2019 to discuss their obligations under the Copyright Act without success. Continue reading

 2022-08-12-BlogPhoto-210x300Indianapolis, Indiana – Ifedoo Enigwe (“Enigwe”), of Philadelphia, Pennsylvania filed a complaint against Defendants, Amazon.com, Inc, and Author Solutions Inc. Delaware, A/K/A Authorhouse for copyright infringement and counterfeiting of his work Mixed Blessings. 

According to the Complaint, Enigwe and the Defendants entered into a Settlement Agreement in or around January 2006 that “we [Authorhouse] will maintain the ‘live’ state of your book, Mixed Blessings, for one more year (from the date of acceptance) and then turn over the electronic version to you.” Enigwe alleges that Defendant, Amazon.com, Inc. printed and sold copies of Mixed Blessings on January 18, 2020 and February 2021 from its online sales platform.

Therefore, Plaintiff is seeking compensatory damages for Copyright Infringement in violation of 17 U.S.C. § 501 et seq. and Counterfeiting.

BlogPhotoMishawaka, Indiana – The Evolutionary Level Above Human, Inc. d/b/a The Telah Foundation (the “Foundation”) own the intellectual property rights for the following (hereinafter “The Works”):

              • Audio Works The audiotape library of Heaven’s Gate by Ti and Do (Certificate Number SRu000298530)
              • Video Work Beyond human- -the last call (Certificate Number PA000867224)
              • Visual Work The CBE: (Celestial Being Entity) (Certificate Number VA000877834)
              • Literary Work How and when “Heaven’s gate” (the door to the physical kingdom level above human) may be entered: an anthology of our materials (Certificate Number TXu000817732); and
              • Federal Trademarks:
                1. HEAVEN’S  GATE Registration No. 3,824,482
                2. HEAVEN’S GATE  Registration No. 3,816,596
                3. tradmark        Registration No. 5,148,959

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Otisco, IndianaDesign Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”).

According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures. Design Tascono sells these pieces through various means, including its website, catalog, previously through SkyMall magazine, as well as through various authorized on-line retailers and through its network of North American brick-and-mortar distributors and retailers.

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Guilford, Indiana – Plaintiff Tara Mapes is a well-known photographer specializing in fashion and fine art photography.  She also sells digital backgrounds for photographers through an Etsy store called Enchanted Eye Creations by Tara Mapes. The limitations on the license under which she sells the digital backgrounds on her Etsy store is listed in numerous locations.

Mapes created the picture “Santa with Magic Snow Globe” and applied for a Copyright Registration with the United States Copyright Office.  She was granted registration on December 17, 2018.

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verve537046_10150703102787760_1507165870_nTerre Haute, Indiana – Plaintiffs, Broadcast Music Inc. (“BMI”), Peer Music III LTD, Universal – Songs of Polygram International, Inc., Songs of Universal, Inc., EMI Consortium Songs, Inc. d/b/a EMI Longitude Music, Fourteenth Hour Music, Inc., Springtime Music, Inc., EMI Blackwood Music, Inc. Sony/ATV Songs LLC, and Fall out Boy Inc. d/b/a Chicago X Softcore Songs have allegedly contacted Warehouse L.L.C. d/b/a The Verve over 60 times since March 2018 to discuss their obligations under the Copyright Act without success.

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2022-04-20-CorsonBlogPhoto-1-226x300Fishers, Indiana – Plaintiff Lisa Corson  creates photos, which she licenses for various uses including online and print publications. Corson’s client list includes AARP, Country Living, Delta Airlines, Google, House & Garden, The National Geographic Channel, The New York Times, and The Washington Post.

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Indianapolis, Indiana – Apparently Sayre Berman (“Berman”), the Plaintiff, creates photographic images, which she licenses for various uses including online and print publications. Berman claims she took a photograph of Ray Luzier (the “Photograph”) on March 25, 2019 and registered that photograph with the U.S. Copyright Office under Registration No. VA 2-145-705.

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According to the Complaint, Berman observed a copy of the Photograph on Auralex Acoustics, Inc.’s (“Auralex”) website on July 13, 2021. Auralex, the Defendant, apparently also uploaded the Photograph to its Instagram and Facebook accounts. Berman claims because the Photograph was copied, stored, and displayed without license or permission, Auralex infringed on her copyrights. Further, the infringing posts each apparently included a URL “for a fixed tangible medium of expression that was sufficiently permanent or stable to permit it to be communicated for a period of more than transitory duration and therefore constitutes a specific infringement.”

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Indianapolis, Indiana – Apparently, Amy Haehl (“Haehl”), the Plaintiff, is a nationally renowned photography that promotes her work through her photography studio, Coffee Creek Studio. Haehl claims she first gained national notoriety in 2018 after she recreated scenes from “A Christmas Story” featuring a baby wearing pink bunny pajamas. Her work has apparently been featured on “Fox & Friends” and the websites for the “Today” show and “Good Morning America.”

Haehl claims that she drew inspiration from her previous success with using model babies to use photo editing software to add teeth to her infant subjects. According to the Complaint, she registered a series of those images with the U.S. Copyright Office as Group Reg. No. VA0002191510. Further, Haehl claims she posted a copyright notice alongside each photograph posted on her Facebook page.

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USA – The Copyright Alternative in Small-Clams Enforcement (CASE) Act was enacted on December 27, 2020.  This creates a Copyright Claims Board consisting of three officers chosen by the Librarian of Congress and the Register of Copyrights.  The officers will act as arbitrators for civil copyright claims and counterclaims capped at $30,000 in damages for declaratory judgment of non-infringement or for notices under the Digital Millennium Copyright Act.  The Board is expected to be operational by December 27, 2021.

Parties may affirmatively opt out of adjudication before the board within 60 days of service. Failure to do so will serve as consent to the proceeding before the Board and will waive the right to a jury trial.

The proceedings before the Board are also less formal. While parties can conduct written discovery, they may not conduct depositions under the CASE Act. Further, unlike federal district courts, attorneys’ fees are not generally awardable to prevailing parties.

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