Deljou Art Group, Inc. v. FD Art & Design LLC et al, Civil Action No. 1:22-cv-04372-SEG (N.D. Ga., Nov. 2, 2022)

Artistic beauty may be in the eye of the beholder. But artistic copyright ownership is the purview of the federal court system, and an Atlanta art publisher has asked the Northern District to enforce its copyrights for a number of artistic works.

Deljou Art Group says that works it owns, such as “Abbey Cross Road,” “Surfin Sunday” and “London Double Decker” have been infringed by Michigan-based FD Art & Design and Francisco Bartus. The works in question were created by Deljou by artist Craig Alan as work-for-hire pieces, and Deljou holds the copyright for all of the works in question. The paintings in question are regularly exhibited at galleries throughout the world and the artwork is used commercially.

Deljou alleges that the defendants are creating nearly identical copies to the well-known art in question. “Defendants’ works go well beyond imitating Mr. Alan’s distinct style and rather Defendant Bartus’ works in question are virtually identical to or substantially similar to the Craig Alan works,” the plaintiffs allege in court filings.

The plaintiffs are seeking the seizure and destruction of the alleged infringing items, as well as damages and a permanent injunction prohibiting the defendants from using the works at issue.