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Judge rules for defendants in Indy skyline photo copyright suit

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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 ShannaSells.com, 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.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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