In Bell v. Taylor, the Seventh Circuit homes in on the photographer plaintiff’s dearth of damages evidence in his copyright suit about two photographs he took of the Indianapolis skyline. A copyright owner can recover actual damages suffered as a result of infringement and any profits accruing to the infringer. To establish an infringer’s profits, the …
Tag Archives: infringement
“Make Sure You Get My Good Side” – Blogger’s Use of Photo is Transformative, Fair Use – Defeats Copyright Suit (11th Cir.)
As someone who eats, drinks and sleeps social media marketing and blogging, this 11th Circuit case naturally captured my attention. The plaintiff in Katz v. Chevaldina, 2015 WL 5449883 (11th Cir. 2015), Raanan Katz, a Miami businessman and co-owner of the Miami Heat, sued the defendant – one of plaintiff’s former commercial tenants and a full-time blogger – …
Moving for Default Judgment In Federal Court – Plausible Claims and Damage Calculations (A Brief Case Note)
(photo credit: sociallyclean.com (via Google Images – 5.15.15) Malibu Media, LLC v. Funderburg, 2015 WL 1887754 (N.D.Ill. 2015) discusses the governing standards for obtaining a default judgment in Federal court in a decidedly post-modern fact context. The plaintiff adult film producer sued the defendant for copyright infringement based on the viewer defendant’s unauthorized movie downloads. Defendant orchestrated …