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.
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.”