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Selected reported cases:


Bovinett v. HomeAdvisor, et al.
2018 Westlaw 4635292 at *3 (N.D. Ill., Sept. 27, 2018)
District Court green lights plaintiff model/actor’s action for breach of contract or unjust enrichment, and successor liability, arising from defendants’ unauthorized use of still photographs of his likeness in footage of video-based commercials; District Court rebuffs defendants’ efforts to terminate plaintiff’s action.

Leveyfilm v. Fox Sports, etc., et al.
999 F.Supp.2d 1098 (N.D. Ill., Mar. 28, 2014)
Chicago Tribune Co.’s 12(b)(6) motion to dismiss DMCA count, DENIED. District Court ruled that under the DMCA, copyright management information (CMI) need not be digital, does not require an express reference to copyright, and further, that photo credit on back cover of record album plainly connotes authorship of photo on front cover.

Merideth v. The Associated Press, et al.
2014 WL 87518 (N.D. Ill. Jan. 9, 2014) District Court denied the Rule 12(b)(6) motion of one of the media defendants to dismiss Plaintiff’s claim under Section 1202(a) of the Digital Millennium Copyright Act. Court was satisfied that various captioning techniques that defendant added to online video montage of well-known novelist, could constitute false attribution of authorship in the visual imagery.

Defined Space v. Lakeshore East, et al.
797 F.Supp.2d 896 (N.D. Ill. 2011), District Court denied defendants’ Rule 12(e) motion for more definite statement, paving way for Copyright infringement and Digital Millennium Copyright Act violation claims to proceed to discovery; Court also denied Rule 12(b)(6) motion based on Dastar challenge to dismiss Lanham Act claim, citing analysis in Cable as persuasive on issue of whether fact scenario fits within U.S. Supreme Court’s enunciated exception there.

Cable v. Agence France Presse, et al.
728 F.Supp.2d 977 (N.D.Ill. 2010), District Court denied defendant's 12(b)(6) motion to dismiss, ruling plaintiff's Digital Millennium Copyright Act claim as alleged to be viable; further, Lanham Act and related state law claims as alleged survive Dastar challenge at the pleadings stage.

Schrock v. Learning Curve Int'l, et al.
(i) 744 F.Supp.2d 768 (N.D.Ill. 2010), District Court denied defendant's pre-trial motion for summary judgment, ruling that federal jurisdiction exists over copyright infringement dispute arising out of alleged breach of license. (ii) 586 F.3d 513 (7th Cir. 2009), Court of Appeals established copyright law principles for derivative works, ie. there is no heightened standard of originality, and ownership in authorized derivative work vests automatically in author.

Bryant v. Mach1, LLC, et al.
503 F.Supp.2d 1062 (N.D.Ill. 2007), upon jury's verdict finding copyright infringement, court entered permanent injunction and impoundment order against Web based publisher barring further infringement of photographer's copyrights in military parachutist and sniper team images, and ordering turnover of infringing articles and digital image computer files.

Natkin v. Winfrey, et al.
111 F.Supp.2d 1003 (N.D.Ill. 2000), 56 USPQ2d 1594, established highly skilled, professional live-event photographers as owners of copyrights in photographs taken of nationally syndicated television show and its featured performer.

Boese v. Paramount Pictures Corporation, et al.
(i) 952 F.Supp. 550 (N.D.Ill. 1996), established triable cause of action for false light invasion of privacy arising out of courtroom video and other matter incorporated into broadcast segment of syndicated television show Hard Copy. (ii) 23 Media L. Rep. (BNA) 1084 (N.D.Ill. 1994), established personal jurisdiction over out-of-state defendant in defamation action.

Leveyfilm, Inc. v. Cosmopolitan Bank & Trust, et al.
653 N.E.2d 875, 274 Ill.App.3d 348 (1st Dist. 1995), established right of action for repairs and improvements by film studio lessee against commercial landlord. Case of first impression in Illinois construing term "contractor," under mechanics lien act, to include a lessee who furnishes services and materials.


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