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Home > Rosenberg v. Spicy Bear Media

Rosenberg v. Spicy Bear Media [1]

Submitted by DMLP Staff on Mon, 08/31/2009 - 19:14

Summary

Threat Type: 

Lawsuit

Date: 

05/15/2009

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Location: 

Virginia

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Copyright Infringement
DMCA Anti-Circumvention
Rosenberg, a professional photographer, sued the operator of a Charlottesville, VA community blog (now defunct) for copyright infringement, claiming it failed to remove images of his photograph that were posted (twice) to its site by unknown... read full description
Parties

Party Receiving Legal Threat: 

Spicy Bear Media LLC; Kyle J. Redinger; John Does 1-10

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Location of Party: 

  • Virginia

Location of Party: 

  • Virginia

Legal Counsel: 

Peter James Caramanis - Tremblay & Smith
Description

Rosenberg, a professional photographer, sued the operator of a Charlottesville, VA community blog [2] (now defunct) for copyright infringement, claiming it failed to remove images of his photograph that were posted [3] (twice [4]) to its site by unknown third parties.  The complaint [5] also included a claims for removal or alteration of copyright management information [6], because the images on cvillain.com were stripped of identifying material attached to the original picture (presumably the copyright symbol, name, and year that appear when mousing over the original photo [7]).

On July 6, 2009, the parties agreed to dismiss the case with prejudice [8] because they had reached a settlement in the amount of $750.

Related Links: 

  • Dozier Internet Law: May 2009 Copyright Infringement Lawsuits [9]
  • The Hook: Copywrong? Photog sues blogger for $385K [10]
Details

Web Site(s) Involved: 

www.cvillain.com [2]

Content Type: 

  • Photo

Publication Medium: 

Blog

Subject Area: 

  • Copyright
  • Third-Party Content
  • DMCA
Court Information & Documents

Jurisdiction: 

  • Virginia

Source of Law: 

  • United States

Court Name: 

United States District Court for the Western District of Virginia

Court Type: 

Federal

Case Number: 

3:09-CV-37

Relevant Documents: 

PDF icon 2009-05-15-Rosenberg Complaint.pdf [11]
PDF icon 2009-07-06-Stipulation for Dismissal With Prejudice.pdf [12]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

08/06/2009 - LB editing

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/rosenberg-v-spicy-bear-media

Links
[1] https://www.dmlp.org/threats/rosenberg-v-spicy-bear-media
[2] http://www.cvillain.com
[3] http://cvillain.com/2008/09/15/downtown-re-defines-the-garage-band/
[4] http://cvillain.com/?s=Garage+Goes+Dressy
[5] https://www.dmlp.org/sites/citmedialaw.org/files/2009-05-15-Rosenberg%20Complaint.pdf
[6] http://www.law.cornell.edu/uscode/17/usc_sec_17_00001202----000-.html
[7] http://www.matthewrosenberg.com/blog/?p=280
[8] https://www.dmlp.org/sites/citmedialaw.org/files/2009-07-06-Stipulation%20for%20Dismissal%20With%20Prejudice.pdf
[9] http://dozierinternet-law.blogspot.com/2009/06/dozier-internet-law-federal-court.html
[10] http://www.readthehook.com/blog/index.php/2009/06/04/copywrong-photog-sues-blogger-for-365k/
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-05-15-Rosenberg%20Complaint.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-07-06-Stipulation%20for%20Dismissal%20With%20Prejudice.pdf