Photography company, Simon J. Burchett Photography has filed a lawsuit in the New York Southern District Court against Pieoneers Software for copyright infringement.
The plaintiff alleges that the defendant copied, distributed, and publicly displayed the plaintiff’s copyrighted image on its webpage created by Stage 3 with no license or authorization.
The plaintiff reportedly said that the image was used in its entirety for commercial purposes and not for criticism, comment, news reporting, teaching, scholarship, or research, nor was the use of the image transformative.
The plaintiff reportedly said that the defendant violated the Copyright Act, the Copyright Revisions Act, and the Digital Millennium Copyright Act (DMCA) since the image was used without a license or other identifying information.
The plaintiff alleges that it embeds copyright management information (CMI) when the image is distributed including the title of the image, author, label, and copyright owner. The plaintiff reportedly said that defendant removed this information, thus publishing and displaying this image without the proper CMI.
The plaintiff reportedly notified Pieoneers multiple times about the alleged infringement but the defendant responded with some sort of excuses and refused to cease and desist using the image.
The plaintiff is seeking restitution of unlawful proceeds, an award for compensatory and statutory damages, an award for costs and fees, pre- and post-judgment interest, and other relief as determined by the court.
The case is ongoing.
Simon J. Burchett Photography, Inc. v. Pieoneers Software, Inc.
|Judge:||Valerie E Caproni|
|Court:||New York Southern District Court|
|Nature of Suit:||Copyright|
|Case Filed:||May 24, 2020|