Copyright

Commercial Truck Driving School Sued for Unauthorized Use of Copyrighted Photograph in Training Materials

Blaine Harrington III v. Commercial Truck Driver Training of Atlanta, Inc. d/b/a Katlaw Truck Driving School, Civil Action No. 1:22-cv-02282-SCJ (N.D. Ga. June 8, 2022)

Plaintiff Blaine Harrington III filed suit against Defendant Commercial Truck Driver Training of Atlanta, Inc. d/b/a Katlaw Truck Driving School on June 8, 2022 in the Northern District of Georgia. Plaintiff is a travel and location photographer based in Denver, Colorado with special expertise photographing in Europe and other regions of the world. Plaintiff has been selected as Travel Photographer of the Year four times and his work has been featured by renowned news, business, and travel magazines such as Newsweek, Travel + Leisure, and many more. At issue is a series of photographic works created by Plaintiff in 2009 of the Arches National Park near Moab, Utah and registered with the US Copyright Office.

See Dkt. 1 at 3.

The Complaint alleges that Defendant offers commercial driver’s license training and job assistance for trucking companies. Defendant operates a website and social media sites in connection with advertising and marketing its services. On or around June 23, 2018, Defendant allegedly published a copy of Plaintiff’s copyrighted photograph in a video on its Facebook page without Plaintiff’s permission. Although posted in 2018, the Complaint alleges that, despite its diligence, Plaintiff did not discovery Defendant’s unauthorized use of its copyrighted photograph until February 2022.

The Complaint asserts causes of action for copyright infringement in violation of 17 U.S.C. 101 et seq. and seeks to recover actual damages in addition to disgorgement of Defendant’s profits pursuant to 17 U.S.C. 504(b), or alternatively, statutory damages pursuant to 17 U.S.C. 504(c). The Complaint also seeks recovery of attorney’s fees and an injunction. The case is assigned to Judge Steve CarMichael Jones.

Categories: Copyright, N.D. Ga.

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