MIAMI – A Fort Lauderdale company alleges a Rhode Island business does not have the authority to threaten litigation against it over the use of a photo of black bean soup.
New You Media LLC filed a complaint on Dec. 15 in the U.S. District Court for the Southern District of Florida against Adlife Marketing & Communications Co. Inc. seeking declaratory judgment.
According to the complaint, the plaintiff operates a digital magazine and published an article that used an image of black bean soup. The suit states that in August 2016, the defendant sent the plaintiff a copyright infringement notice and demanded $8,000 for the use of the photo. The plaintiff alleges it removed the photo and offered to pay $500 for its inadvertent use of the image, but the defendant then sought $5,000. The plaintiff holds Adlife Marketing & Communications Co. Inc. responsible because the defendant allegedly sells its images for $12 per image and is a contributor on istockphotos.com and has not proved that its copyright registration includes the soup photo.
The plaintiff requests a trial by jury and seeks judgment that the defendant has no right or authority to threaten or to maintain suit against the plaintiff, enjoin the defendant, all legal fees and any other relief as the court deems just. It is represented by Zachary R. Rich of Great HealthWorks Inc. in Fort Lauderdale.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-62945-BB