Pictorial Graphic and Sculptural (such as two-dimensional and three-dimensional works of art, graphic art, and photographs)
Photograph of Donald Trump at political rally
Distribute copies of the work
Reproduce the work
Publicly display the work
On or around November 14, 2016, December 1, 2016, and September 16, 2017. Respondent published three (3) separate articles online using the same infringing photograph (see further details below).
Respondent reproduced, displayed, and distributed unauthorized copies of Claimant’s Photograph on yellowhammernews.com in three separate articles. In addition, despite the presence of Claimant’s authorship credit when the photograph was first published by Claimant, with a copyright notice indicating Julie Dermansky as the rightsholder, in some places Respondent omitted Claimant’s name and copyright notice from the infringing articles, and in other places Respondent attributed the Photograph falsely to another photographer, inducing, facilitating, and encouraging further downstream infringement.
Claimant never authorized Respondent to reproduce, publish, display, or make use of any kind of the Photograph.
- Statutory damages
- Lost license fees/royalties
- Disgorgement of Respondent’s profits
- False and missing attribution induced, facilitated, and encouraged further downstream infringement
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