Boatman v. United States Racquetball Ass'n
33 F. Supp. 3d 1264
D. Colo.2014Background
- Plaintiff Michael Boatman, a professional photographer, photographed U.S. Open racquetball events (1996–2010) and retained copyright in his photos.
- Boatman granted or licensed photos via: an oral/emailed U.S. Open agreement with operator Ganim Enterprises (reduced to writing 7/17/2009); a USAR License (10/29/2010) limiting use to "editorial use," requiring visible copyright notice, and prohibiting ads/third-party distribution; and a Stock Photography License (1/7/2011) giving USAR three-year editorial rights to certain action photos for $1,000.
- Boatman alleges USAR used multiple 2009–2011 photos beyond license scope: website preview of a magazine issue, fliers, rulebook/flyer covers (blurred/derivative uses), sponsorship packets, and distribution to a third party; two photos allegedly published without his watermark.
- Boatman sued for direct and contributory copyright infringement and for violations of the DMCA §1202 (removal/alteration of copyright management information); both parties filed cross-motions for summary judgment.
- The Court found genuine disputes of material fact (primarily the meaning/scope of "editorial use," whether uses exceeded licenses, whether copyright information was removed and knowledge of third‑party uses) and denied both summary judgment motions; a motion to restrict access to filings was also denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether USAR directly infringed Boatman's copyrights by uses alleged to exceed licenses | Boatman: licenses limited to "editorial use"; contested reproductions/derivatives exceeded that scope so infringement occurred | USAR: uses were authorized by one or more licenses; "editorial" permits the challenged uses; any removal of watermark not attributable or intentional | Denied for Boatman and denied for USAR — material factual dispute over the meaning/scope of "editorial use" and whether uses exceeded licenses; issue for trial |
| Whether USAR is contributorily liable for third‑party uses (distribution to USRF) | Boatman: USAR gave photos to third party who then used them, so USAR materially contributed/authorized infringements | USAR: no evidence it induced/encouraged or knew of infringing uses by third party | Summary judgment denied for Boatman; insufficient evidence of USAR's knowledge/intent for contributory infringement |
| Whether USAR violated DMCA §1202 by removing/altering copyright management information | Boatman: two photos contained watermarks that were removed/cropped/blurred before publication; USAR knew or had reason to know removal would facilitate infringement | USAR: disputes that watermarks were present when supplied; independent contractor editing may have removed marks; no intentional removal by USAR | Summary judgment denied for both — genuine dispute whether marks existed, were removed intentionally, and whether USAR had requisite knowledge |
| Whether Boatman waived rights by prior permissive uses | Boatman: maintained his copyrights and limited licenses; did not waive rights as to 2010 photos | USAR: prior approvals and use without watermarks show waiver/abandonment for similar images | Denied — evidence does not show waiver as to the 2010 photographs at issue |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burdens)
- Jacobsen v. Katzer, 535 F.3d 1373 (nonexclusive license limits copyright suit)
- Bourne v. Walt Disney Co., 68 F.3d 621 (licensor bears burden to show license exceeded)
- Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (secondary liability/contributory infringement principles)
- MDY Indus. v. Blizzard Entm’t, 629 F.3d 928 (intersection of copyright and contract; license scope)
- Gordon v. Nextel Commc’ns, 345 F.3d 922 (elements of §1202 claim re: removal of copyright management information)