Traverse Internet Law Disclaimer
The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.
TROY COPPOLA v. PRETTY LIKE ME, INC. and DOES
CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA)
8:11-CV-00535
FILED: 4/07/2011
We are seeing a lot of situations in which automated programs have been written to retrieve mass quantities of images for use on another party’s website. The bottom line is that if you cannot absolutely confirm the image is in the public domain you should not use it for any purpose. More and more lawsuits are being filed over the mass misappropriation of images without even using the DMCA takedown notice process or otherwise providing the Defendant with notice. And it is important to note that the law does not require such notice. In other words, the first idea you could have that your use of someone else’s images has created a problem is a visit from a local sheriff serving you with a lawsuit.
The Plaintiff is a sole proprietor doing business as “Life’s Vigor” and created original works of digitally enhanced photographs that number in the thousands. The Defendant is a New York corporation who allegedly copied the Plaintiff’s images and is displaying approximately 4,000 of those images on its website.
Defendants are accused of federal copyright infringement, common law unfair competition, and violation of California Business and Professional Code §§ 17200 et seq. Remedies requested include injunctive relief, actual damages, an accounting and disgorgement of Defendants’ profits, compensatory damages, statutory damages, punitive damages, and reasonable attorneys’ fees. Traverse Internet Law Cross-Reference Number 1488.
