Claim
Docket number: 23-CCB-0105
Filed date: 03/10/2023 11:12 AM EST
Filed date: 03/10/2023 11:12 AM EST
United States Copyright Claims Board
Jon Q Wright
Claimant
V.
Thomas Hartshorn
Respondent
Claim
Claim details
A claim for infringement
No
Jon Q Wright
Hamilton, MT
Authorized representative information
Dmitry Lapin
Axenfeld Law Group, LLC
dmitry@axenfeldlaw.com
917-979-4570
2001 Market Street
Suite 2500
Philadelphia, PA 19103
Suite 2500
Philadelphia, PA 19103
Thomas Hartshorn
Smallmouth Bass and Topwater Bait
Jon Q. Wright
Yes
VA-2-160-537
12/03/2018
Pictorial Graphic and Sculptural (such as two-dimensional and three-dimensional works of art, graphic art, and photographs)
Painting of a bass fish
Distribute copies of the work
Create a derivative work
Publicly display the work
Reproduce the work
No
unkown
-
November 2022
Respondent, doing business as The Bass Federation of Oregon, incorporated the Claimant's artwork onto numerous tournament flyers over the course of several years, displaying the same on respondent's websites, as well as its social media accounts.
A virtually exact copy of claimant's artwork was reproduced and featured on multiple flyers for multiple fishing tournaments. The flyers constitute an unlawful derivative work and all copies distributed and flyers displayed, constitute acts of infringement. The only distinction between the original and the respondent's use is the "cropping" and/or removal of certain Copyright Management Information, consequently resulting in further cropping of other portions in order to keep the focal point on the subject of the painting.
Respondents, and each of them, were directly involved in the reproduction, distribution, display, adaptation, and/or creation of a derivative work, using Claimant's artwork. Access to the artwork is established by the striking similarity/identicality between the artwork and the bass fish in the flyers, precluding any possibility of independent creation.
Despite three separate notices to respondents, respondents continue to display copies of the flyers bearing an exact copy of claimant's artwork.
No
Claimant has suffered damages in an amount yet to be determined, including without limitation, lost licensing revenue, royalties, loss in fair market value. Claimant also seeks and direct or indirect profits Respondents realized as a result of their acts of infringement. At claimant's election, claimant reserves the right to elect statutory damages.
Claimant has also incurred costs and attorneys' fees, for which it seeks full recovery.
