On September 17, 2021, Bernhard Kuhmstedt (“Plaintiff” or “Kuhmstedt”), represented by James H. Freeman of Liebowitz Law Firm, PLLC, filed an intellectual property lawsuit against ViacomCBS, Inc. (“Defendant”), seeking monetary damages along with prejudgment and post-judgment interest, cost, and attorneys’ fees for the alleged infringement of copyright of the Plaintiff. This case was filed in the United States District Court in the Southern District of New York.
The Plaintiffs filed the complaint for the alleged infringement of the U.S. Copyright Registration Number VA 2-200-401 (the “401 Registration”). This is an action for copyright infringement under Section 501 of the Copyright Act. This action arises out of Defendant’s unauthorized reproduction and public display of a copyrighted photograph of 1980’s celebrity Roxette. The photograph is owned and registered by Kumhstedt, a New York-based professional photographer. Accordingly, Plaintiff seeks monetary relief under the Copyright Act of the United States, as amended, 17 U.S.C. § 101 et seq.
In the complaint, the Plaintiffs alleged that, “Kuhmstedt is the author of the Photograph and has at all times been the sole owner of all right, title and interest in and to the Photograph, including the copyright thereto. The Photograph was registered with the U.S. Copyright Office and was given Copyright Registration Number VA 2-200-401, effective as of April 14, 2020 (the “401 Registration”).”
The Plaintiff further alleged that, “On or about December 15, 2020, Defendant published an article on the Website which prominently features the Photograph at URL https://twitter.com/MTVLAargentina/status/1338957236509564930 (the “Infringing Article”). A screen shot of the relevant portion of the Infringing Article displaying the Photograph.”
The Plaintiff also alleged that, “Defendant did not license the Photograph from Plaintiff for its article, nor did Defendant have Plaintiff’s permission or consent to publish the Photograph on its Website.”
The Plaintiff laid down only one claim for relief for the alleged infringement of copyright (401 Registration) pursuant to 17 U.S.C. §§ 106, 501 wherein it has been alleged that as a direct and proximate cause of the infringement by the Defendant of Plaintiff’s copyright and exclusive rights under copyright, Plaintiff is entitled to damages and defendant’s profits pursuant to 17 U.S.C. § 504(b) for the infringement. Alternatively, Plaintiff is allegedly entitled to statutory damages for Defendant’s willful infringement of the Photograph pursuant to 17 U.S.C. § 504(c).
In the prayer for relief, the Plaintiff has requested the court to award Plaintiff either actual damages and Defendant’s profits, gains, or advantages of any kind attributable to Defendant’s infringement of Plaintiff’s Photograph or statutory damages per each copyrighted work infringed pursuant to 17 U.S.C. § 504. The Plaintiff also requested the court for account of all profits, income, receipts, or other benefits derived by Defendant as the result of its unlawful conduct along with prejudgment interest, cost and attorneys’ fees pursuant to 17 U.S.C. § 505 or any other relief that the court deems just and proper.
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Pending - Other Pending
James H. Freeman
Attorney at Liebowitz Law Firm, PLLC
1333A North Ave., Ste 762
New Rochelle, NY 10036
(#4) AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Freeman, James) (Entered: 09/17/2021)
(#3) CIVIL COVER SHEET filed..(Freeman, James) (Entered: 09/17/2021)
(#2) REQUEST FOR ISSUANCE OF SUMMONS as to ViacomCBS Inc., re: #1 Complaint. Document filed by Bernard Kuhmstedt..(Freeman, James) (Entered: 09/17/2021)
Docket(#4) AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Freeman, James) (Entered: 09/17/2021)Read MoreRead Less
Docket(#3) CIVIL COVER SHEET filed..(Freeman, James) (Entered: 09/17/2021)Read MoreRead Less
Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS as to ViacomCBS Inc., re: #1 Complaint. Document filed by Bernard Kuhmstedt..(Freeman, James) (Entered: 09/17/2021)Read MoreRead Less
Docket(#1) COMPLAINT against ViacomCBS Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25079049)Document filed by Bernard Kuhmstedt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Freeman, James) (Entered: 09/17/2021)Read MoreRead Less
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