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Home > Matteo v. Rubin

Matteo v. Rubin [1]

Submitted by DMLP Staff on Wed, 08/13/2008 - 16:26

Summary

Threat Type: 

Lawsuit

Date: 

05/07/2007

Status: 

Concluded

Disposition: 

Settled (total)

Location: 

Illinois

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Copyright Infringement
Defamation
False Light
Tortious Interference
Professional photographer Steven Matteo sued Howard Rubin for defamation, copyright infringement, false light invasion of privacy, and interference with prospective economic advantage in Illinois federal court after Rubin posted criticism online of Matteo's photographs of the wedding of Rubin's daughter.  Rubin allegedly... read full description
Parties

Party Receiving Legal Threat: 

Howard Rubin

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Illinois

Location of Party: 

  • Illinois

Legal Counsel: 

Mark H. Barinholtz

Legal Counsel: 

Fred Rabinowitz (Schaffner, Rabinowitz & Feinartz)
Description

Professional photographer Steven Matteo sued Howard Rubin for defamation, copyright infringement, false light invasion of privacy, and interference with prospective economic advantage in Illinois federal court after Rubin posted criticism online of Matteo's photographs of the wedding of Rubin's daughter.  Rubin allegedly posted Matteo's photos, which Rubin said exemplified the problems with Matteo's work, and tried to dissuade other couples from hiring Matteo.

Rubin filed a motion to dismiss [2] Matteo's case for failure to state a claim.  Rubin argued that Matteo failed to show copyright infringement because Rubin had permission to republish the photographs from his wife, who commissioned Matteo and had Matteo's permission to republish them.  In addition, Rubin said that Matteo had not shown he suffered financially from the alleged infringement or from the alleged interference.  Rubin argued that the defamation and false light claims were deficient because he had only stated his opinion about his personal dealings with Matteo. The court denied [3] Rubin's motion, finding none of these arguments sufficient to justify dismissal.

The parties settled in April 2008.

Related Links: 

  • The Judicial View: Photographer Claims Infringement from Disparaging Internet Display [4]
Details

Web Site(s) Involved: 

http://www.imageevent.com/howardrubin/disgrace [5] (defunct)

Content Type: 

  • Photo
  • Text

Publication Medium: 

Website

Subject Area: 

  • Copyright
  • Defamation
  • False Light
  • Business Torts
Court Information & Documents

Jurisdiction: 

  • Illinois

Source of Law: 

  • United States
  • Illinois

Court Name: 

United States District Court for the Northern District of Illinois

Court Type: 

Federal

Case Number: 

1:07-cv-02536

Relevant Documents: 

PDF icon 2008-01-03-Rubin's Answer.pdf [6]
PDF icon 2007-06-27-Rubin's Motion to Dismiss for Failure to State a Claim.pdf [7]
PDF icon 2007-12-03-Order Denying Rubin's Motion to Dismiss.pdf [8]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

Complaint not available in PACER due to its inclusion of photos (according to substitute 1-page doc on PACER).  Apparently only available through clerk's office.  Both Rubin's motion to dismiss and Rubin's answer include the original complaint, however.  (AAB)

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/matteo-v-rubin

Links
[1] https://www.dmlp.org/threats/matteo-v-rubin
[2] https://www.dmlp.org/sites/citmedialaw.org/files/2007-06-27-Rubin%27s%20Motion%20to%20Dismiss%20for%20Failure%20to%20State%20a%20Claim.pdf
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2007-12-03-Order%20Denying%20Rubin%27s%20Motion%20to%20Dismiss.pdf
[4] http://www.judicialview.com/index.php?m_menu=2&categ=55&post=1706
[5] http://www.imageevent.com/howardrubin/disgrace
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-01-03-Rubin%27s%20Answer.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-06-27-Rubin%27s%20Motion%20to%20Dismiss%20for%20Failure%20to%20State%20a%20Claim.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-12-03-Order%20Denying%20Rubin%27s%20Motion%20to%20Dismiss.pdf