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Federal court dismisses copyright infringement case against Modern Living Real Estate, Compass Florida

Federal Court

By Marian Johns | Aug 28, 2019


MIAMI — A federal court has dismissed a case against Modern Living Real Estate and Compass Florida filed by an aerial real estate photography company alleging copyright infringement.

According to the Aug. 7 U.S. District Court for the Southern District of Florida ruling, Compass Florida LLC petitioned the court for a motion to dismiss the copyright infringement suit filed by Affordable Aerial Photography, Inc., against Compass and Modern Living Real Estate LLC.

Affordable Aerial Photography, which produces aerial real estate photos using a  "tethered helium balloon," alleged Modern Living Real Estate and Compass Florida used its copyrighted images in real estate sales and renting advertisements.  The plaintiff alleges the defendants violated the Digital Millennium Copyright Act. 

Compass argued the plaintiff does not "allege valid claims" for copyright infringement and that Affordable Aerial Photography's claims do not "comply with pleading requirements" of the Federal Rules of Civil Procedure. 

In reviewing both of Compass' arguments for dismissal, U.S. District Judge Beth Bloom concluded Affordable Aerial Photography's claim did not provide "factual allegations" showing Compass "copied" the photos or accessed the copyrighted material. Bloom also concluded that the plaintiff's claim did not meet copyright infringement under federal copyright laws.  She also noted Affordable Aerial failed to state a "vicarious copyright infringement" claim.

The court granted the defendant's motion for dismissal without prejudice and allowed for an amended complaint to be filed by mid-August. 

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