DeYoung v. Wedding and Events by Emily LLC
2:24-cv-00623
| D. Nev. | May 21, 2024Background
- Plaintiff Michael DeYoung is a professional photographer from New Mexico with a registered copyright in a specific photograph created in 2010.
- Defendant Weddings and Events by Emily LLC, doing business as Elopement Las Vegas, is a Nevada company providing luxury elopement services and advertises its business online.
- Plaintiff alleges Defendant used his copyrighted photograph on their website and social media, particularly in a June 28, 2021 blog post, without obtaining a license or permission.
- Plaintiff claims he discovered the unauthorized use in December 2022, notified Defendant, but was unable to reach a licensing agreement.
- The lawsuit seeks damages for copyright infringement, statutory damages, attorneys’ fees, and injunctive relief to stop further unauthorized use.
- The court granted the parties’ stipulation to allow Plaintiff to file a Second Amended Complaint, which mainly corrects the spelling of Defendant’s business name.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Copyright Ownership | DeYoung owns a registered, enforceable copyright in the photograph. | Not stated in the opinion. | Not addressed yet |
| Unauthorized Use | Defendant used the photo on its site without permission or license. | Not stated in the opinion. | Not addressed yet |
| Willful Infringement | Defendant’s conduct was willful, shown by their own copyright claims on their site. | Not stated in the opinion. | Not addressed yet |
| Remedies and Relief | Plaintiff entitled to damages, fees, injunctive relief due to ongoing harm. | Not stated in the opinion. | Not addressed yet |
Key Cases Cited
- Brayton Purcell LLP v. Recordon & Recordon, 606 F.3d 1124 (9th Cir. 2010) (interpreting proper venue for copyright cases based on personal jurisdiction)