Judge rules for defendants in Indy skyline photo copyright suit

Back to TopCommentsE-mailPrintBookmark and Share

A retired attorney and photographer who has filed numerous infringement lawsuits over the use of his copyrighted photo of the Indianapolis skyline lost a contested case. The ruling judge also said the purported value of the photo is questionable.

Richard N. Bell has sued hundreds of people for their use on websites of a skyline photo of the city he took in 2000 and copyrighted in 2011. Nearly all the cases have settled, but some parties to the instant litigation label Bell a copyright troll; he claims he’s defending his copyright against people who failed to pay a licensing fee before using the photo on their websites without permission.

On Tuesday, District Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana granted defendants’ motions for summary judgment in Richard N. Bell v. Cameron Taylor, Taylor Computer Solutions, Insurance Concepts, Fred O’Brien, and Shanna Cheatam, 1:13-CV-00798.

“Mr. Bell contends that he is entitled to actual damages of $200.00 (from each defendant), as he has ‘sold for several years and currently sells the perpetual commercial rights to display digital download version [sic] of all his photos ... for use on the web for $200,’” Pratt wrote. “However, as Defendants note, Mr. Bell has not produced any objective evidence of the Indianapolis Photo’s value.

“(T)here is no evidence other than Mr. Bell’s unsupported assertion that he has sold the rights to the Indianapolis Photo for years at a price of $200.00. Without any support or evidence, this value is based on undue speculation,” Pratt wrote.

Bell also failed to show that defendants profited from the use of his photo on their websites, which would have entitled him to damages based on indirect profits. The court said Bell made overbroad discovery requests – in one case asking for 11 years’ worth of income tax records from Indianapolis Realtor Shanna Cheatam.

“Mr. Bell had opportunity to tailor his discovery requests based on the Court’s rulings, but he failed to do so,” Pratt wrote. “The Court finds Mr. Bell’s assertion that he ‘believes’ further ‘research and investigation’ will lead to issues of genuine material fact to be speculative.

“Additionally, the Court notes that the record does contain web reports from, despite Mr. Bell’s argument that he needs such reports, and presumably, the reports could have been used to attempt a causal nexus. However, the Court will not scour the record to create an argument for Mr. Bell.”

The Taylor defendants were granted summary judgment because they used a nighttime photo of the Indianapolis skyline that Bell claimed infringed his copyright. The court did not allow Bell’s complaint to be amended to include that image.

Since 2011, Bell has filed nearly two dozen copyright infringement suits in the Southern District, many naming multiple defendants. Only this case and another remained open as of Wednesday.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.