Indianapolis, Indiana –According to the Complaint, Larry G. Philpot (“Philpot”), the Plaintiff, is a well-known photographer of musicians. Philpot claims to have taken a photo of a well-known musician, Kid Rock, during one of Kid Rock’s concerts. After taking the photo, Philpot apparently applied for and obtained U.S. Copyright Registration No. VAu 1-182-727 for the photo (the “Registered Photo”).
Philpot claims COTR, LLC d/b/a Chicks on the Right of Indianapolis (“COTR”) copied and published the Registered Photo on its website. While Philpot claims to have discovered the alleged infringement on or after July 26, 2017, the post was apparently removed at some point after December 21, 2017. However, per the Complaint, Philpot’s counsel sent a formal infringement notice to COTR on July 6, 2020, prior to the filing of the Complaint. Philpot is seeking damages for copyright infringement pursuant to 17 U.S.C. §§ 504 and 505.