iran watson v kappa maps group
DESCRIPTION
One February evening in Atlanta, with clear skies and temperatures in the 40s, Atlanta area real estate and architectural photographer Iran Watson set up his camera in the park opposite the iconic Westin Peachtree Plaza Hotel. As the sun set and streetlights came on, Watson captured Atlanta’s famous cylindrical tower shimmering in the twilight.Watson showed off the image on his Flickr® Photostream with a digital watermark that read “Iran Watson Photo 2011.” Watson also identified the picture as being copyrighted with all rights reserved in the Flickr® licensing dialog, which meant that third-parties who wanted to use the photograph were required to obtain Watson’s permission first. Two years later, Watson entered an Atlanta area convenience store and was surprised to see his photo emblazoned on the cover for the Atlanta Metro Street Map, published by Kappa Maps Group. Watson also noticed that his watermark was cropped out. The spiral-bound map, used daily by Atlanta real estate agents, house hunters, local officials, and average Atlantans, sells for about $15. “I never gave permission to Kappa to use my photo or remove my copyright notice,” Watson said. When Watson contacted the publisher, they claimed his photograph was Creative Commons licensed, and did not know what happened to his watermark. “They refused to do anything,” Watson recalled “except they offered me $20 for my photo, but I declined.” Now, represented by Schneider Rothman IP Law Group, Watson is suing Kappa Map Group in federal court in Atlanta. His claim is for copyright infringement and also Kappa’s removal of Watson’s watermark which is a type of “copyright management information” or CMI. The lawsuit seeks damages and a recall of all Kappa’s infringing maps. No trial date has been set.“Many publishers fail to realize that cropping out copyright notices, stripping out digital watermarks, and falsely attributing photo credits violate the Copyright Act,” said Joel Rothman, a Schneider Rothman IP Law Group partner. “In fact, CMI violations can be more serious offences than copyright infringement because they entitle the copyright owner to statutory damages and attorneys’ fees,” Rothman added. Since it was founded, partners Jerold Schneider and Joel Rothman have filed infringement lawsuits for plaintiffs in federal courts in Arizona, Hawaii, Illinois, New York, Florida, and now Georgia. Schneider Rothman IP Law Group often works with other firms on these cases. “The internet has made it easy for infringers to copy the works of artists, photographers, illustrators, or authors,” Rothman said. “Copyright owners need knowledgeable allies when someone takes their creative work without permission.” ABOUT SCHNEIDER ROTHMAN IP LAW GROUP Schneider Rothman IP Law Group takes your intellectual property seriously. Jerold I. Schneider and Joel Rothman, the firm’s board-certified intellectual property lawyers, bring and defend infringement litigation nationwide. They also help owners of intellectual property patent, copyright and trademark their work. The firm entertains contingency and alternative fee arrangements, and helps entrepreneurs and independent inventors monetize their IP. To contact the firm at its Boca Raton, Florida, office, call 561-404-4350 or visit SRIPLAW.COM.TRANSCRIPT
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CIVIL ACTION NO. IRAN WATSON, Plaintiff, vs. KAPPA MAP GROUP, LLC, Defendant. _______________________________________/
COMPLAINT
Plaintiff, IRAN WATSON. (Watson) by and through undersigned counsel,
hereby brings this Complaint against KAPPA MAP GROUP, LLC, and states as
follows:
1. This is an action arising under the Copyright Act, 17 U.S.C. 501
and 1202.
2. This Court has subject matter jurisdiction over these claims pursuant
to 15 U.S.C. 1121, and 28 U.S.C. 1331, 1338(a).
3. The Defendant is subject to personal jurisdiction in Georgia.
4. Venue is proper in this district under 28 U.S.C. 1391(b) and (c) and
1400(a) because the events giving rise to the claims occurred in this district, the
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Defendant engaged in infringement in this district, and the Defendant is subject to
personal jurisdiction in this district.
PARTIES
5. IRAN WATSON (Watson) is a real estate and architectural
photographer who provides high-end real estate and architectural photography
services to real estate brokers and developers in the Atlanta area.
6. KAPPA MAP GROUP, LLC (KAPPA) is a Pennsylvania limited
liability company with its principal office at 6198 Butler Pike, Blue Bell, PA
19422, and a registered address of 40 E Skippack Pike, Fort Washington PA
19034.
7. Kappa publishes road maps for sale to the public.
COPYRIGHTED WORK AT ISSUE
8. In or about February 17, 2011, Watson created the copyrighted
photograph at issue in this action entitled Atlanta Westin Towers Twilight,
referred to herein as the Work.
9. The Work is protected by copyright.
10. After Watson created the Work, he added his copyright management
information (CMI) to the Work, which CMI included a digital watermark
containing Watsons name and a copyright notice.
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11. The following is the Work showing Watsons CMI in the lower right
corner:
12. After Watson created the Work and added his CMI to it, he posted it
publicly on his Flickr photostream on the Internet at www.flickr.com.
13. When he posted the Work on his Flickr photostream Watson
indicated that it was protected by copyright and that he reserved all rights to the
Work.
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14. Watson registered the Work with the Register of Copyright on
February 12, 2013, and it was assigned registration number VA 1-859-387. A true
and correct copy of the registration certificate for the Work is attached hereto as
Exhibit A.
INFRINGEMENT AND CIRCUMVENTION BY DEFENDANT
15. In or about June 7, 2013, Watson observed an Atlanta Metro area road
map published by Kappa (the Kappa Map) on sale at a store in the Atlanta area
that displayed the Work on its cover with Watsons CMI removed:
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16. Watson never gave Kappa permission or authority to copy the Work,
display the Work, or remove his CMI.
17. Watson contacted Kappa and requested it cease and desist from
infringing the Work and compensate him for the use of his Work.
18. Kappa refused to cease and desist and offered Watson total
compensation of ten dollars ($10.00) for the Work.
19. Watson has engaged the undersigned attorneys and has agreed to pay
them a reasonable fee.
COUNT I
COPYRIGHT INFRINGEMENT
20. Plaintiff Watson incorporates the allegations of paragraphs 1 through
19 of this complaint as if fully set forth herein.
21. Watson owns a valid copyright in the Work.
22. Watson has registered the Work with the Register of Copyrights
pursuant to 17 U.S.C. 411(a).
23. Kappa copied, displayed and distributed the Work and made
derivatives of the Work without Watsons authorization in violation of 17 U.S.C.
501.
24. Watson has been damaged.
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25. The damage to Watson has been irreparable.
COUNT II
REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION
26. Plaintiff Watson incorporates the allegations of paragraphs 1 through
25 of this complaint as if fully set forth herein.
27. The Work contained Watsons CMI.
28. Kappa knowingly, and with the intent to enable or facilitate copyright
infringement, removed Watsons CMI from the Work in violation of 17 U.S.C.
1202(b).
29. Kappa removed Watsons CMI knowing or having reasonable
grounds to know that this will enable, facilitate or conceal infringement of
Watsons rights in the Work protected under the Copyright Act.
30. Watson has been damaged.
31. The harm caused to Watson has been irreparable.
WHEREFORE, plaintiff Watson prays for judgment against Kappa that:
a. Kappa and its officers, agents, servants, employees, affiliated entities, and all of those in active concert with them, be preliminarily and permanently enjoined from committing the acts alleged herein in violation of 17 U.S.C. 501 and 1202;
b. During the pendency of this lawsuit, Kappa be required to recall from all recipients thereof and to deliver to Watson all copies of the Work and to account to Watson for the extent of the infringement;
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c. During the pendency of this lawsuit the Court to order the impounding, on such terms as it deems reasonable, of all copies of the Work in the possession, custody and control of Kappa;
d. Kappa be required to pay Watson his actual damages or statutory damages as provided in 17 U.S.C. 504 and 1203.
e. Watson be awarded his attorneys fees and costs of suit under the applicable statutes sued upon;
f. Watson be awarded such other and further relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL
Watson hereby demands a trial by jury for all issues so triable.
Dated: January 13, 2014
By: /s/Lawrence H. Kunin Lawrence H. Kunin Georgia Bar No.: 430333 Morris, Manning & Martin, LLP 1600 Atlanta Financial Center 3343 Peachtree Road, NE Atlanta, GA 30326 (404) 504-7798 [email protected] -and- Joel B. Rothman [email protected]
Schneider Rothman Intellectual Property Law Group PLLC 4651 North Federal Highway Boca Raton, FL 33431 Tel: 561-404-4350 Of counsel for Plaintiff
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