Cross-posted from pdnonline.com[by Conor Risch]
A federal appeals court has ruled that a lower court erred when it dismissed photographer Glen E. Friedman‘s willful copyright infringement claims against Live Nation Merchandising in 2014. The United States Court of Appeals for the Ninth Circuit said evidence in the case suggests willful infringement, and that Friedman may be entitled to more damages. The case has been sent back to the lower court, where Friedman is awaiting a trial date to pursue the willful infringement and CMI violations, according to his attorneys.
Friedman sued Live Nation in 2012 after he discovered the merchandising company used four of his images in a wall calendar, and also used his images of Run-DMC for three t-shirts. The U.S. District Court in Los Angeles ruled in 2014 that Live Nation had violated Friedman’s copyright. The district court decided, however, that Friedman hadn’t provided sufficient evidence to establish that Live Nation knew it was using his work without permission and removing his CMI (copyright information). A settlement for non-willful copyright infringement was agreed, pending the outcome of the appeals process.
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