Claim

Copyright Claims Board logo
Docket number: 23-CCB-0167
Filed date: 05/12/2023 02:06 PM EDT

United States Copyright Claims Board

Nucleus Medical Media
Claimant
V.
Foot & Ankle Center of Washington
Respondent

Claim

Go to case details
A claim for infringement
Yes
Nucleus Medical Media
Kennesaw, GA

Authorized representative information

Michael Shambaugh
compliance@nucleusinc.com
770-805-0460
1275 Shiloh Road NW
Suite 3130
Kennesaw, GA 30144
Owner, officer, partner or member
Foot & Ankle Center of Washington
Foot Pronation
Nucleus Medical Media, Inc.
No
1-12514688922
Pictorial Graphic and Sculptural (such as two-dimensional and three-dimensional works of art, graphic art, and photographs)
Image compares two images of the right foot and ankle. The first image reveals the normal foot position, the second image shows the pronated foot position.
Publicly display the work
Reproduce the work
Yes
4/11/14 - Present
Online on their website at http://www.footankle.com. Specifically, these pages: http://www.footankle.com/toe-conditions/big-toe-pain/ http://www.footankle.com/big-toe-pain.htm http://www.footankle.com/bunions.htm
Three unauthorized uses of our image on their website, discovered on 2/26/23 at 8:03 pm through a TinEye search, which is corroborated by the Wayback Machine (archive.org) as shown here: http://web.archive.org/web/20141220212557/http://www.footankle.com:80/toe-conditions/big-toe-pain/. No information on how they acquired our image, but they have no license for its use through us. No third parties have ever been given permission to re-license that image, either. Comparison of our image (on the left) and the image used on their site (on the right): https://infringements-cache.us-east-1.linodeobjects.com/c1351c7d4e6d40b30264b8e8c499d4bb.jpg
No
We were prevented from collecting license fees for the image for respondent's use. The value of such a license for three uses and over the time period it is confirmed to have been used is $3,270.00. That amount is the relief we are seeking.