Cullum v. Diamond A Hunting, Inc., 2012 WL 3206587 (5th Cir.
August 8, 2012)(unpublished). Ranch hand
took photos of ranch. Gave ranch owner
CD with photos. Ranch used photos for
website and brochure. Relationship
soured. Ranch hand demanded use of
photos cease. Ranch continued using
photos. Lower court found oral license
for period prior to cease and desist request and awarded only one statutory
damages award of $950. Denied attorneys
fees. On appeal, single award of
statutory damages upheld because all images registered with Copyright Office as
a compilation and because photos referred to as a “collection” in the
complaint. Denial of attorneys fees
affirmed as within the trial court’s discretion after having balanced Fogerty v. Fantasy Inc. factors.
www.dunnington.comPurchase Copyright Litigation Handbook 2012-2013 by Raymond J. Dowd from West here
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