484 F. App'x 1000
5th Cir.2012Background
- Cullum, who created photos as a Diamond A Ranch employee, sues White and DAR for copyright infringement and Lanham Act claims.
- DAR allegedly used Cullum’s photos on its website and in a seminar brochure without permission.
- Cullum claimed he did not grant an oral license and demanded injunctive relief, damages, and fees.
- District court concluded Cullum granted an oral license but later revoked it; DI awarded $950 for brochure use.
- On appeal, court affirms summary judgment and discretionary rulings, finding no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Oral license issue harmless error | Cullum argues no license, reversal warranted. | DAR contends an oral license existed and continued use valid. | Harmless error; no reversible impact on outcome. |
| Copyright damages—work as compilation | Cullum’s photos constitute separate works. | Photos form a compilation, not separate works. | District court correct to treat as compilation. |
| Statutory damages amount | Damages should reflect willful, multiple infringements. | Award within statutory range and discretion of court. | Damages within range; no abuse of discretion. |
| Attorney's fees and other rulings | Should recover fees; district court erred in various rulings. | District court exercised discretion properly. | No abuse of discretion; fees denied and other rulings upheld. |
Key Cases Cited
- Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994) (factors for awarding fees and discretion)
- Bryant v. Media Right Prods., Inc., 603 F.3d 135 (2d Cir. 2010) (album as compilation; separate songs)
- Woolworth Co. v. Contemporary Arts, 344 U.S. 228 (1952) (statutory damages framework guidance)