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NORTHERN CALIFORNIA RECORD

Friday, March 29, 2024

Photographer claims copyrighted photo was uploaded to YouTube without permission

Copyright 09

LOS ANGELES – A Wisconsin photographer alleges one of her images was used without permission by a YouTube user.

Jennifer Rondinelli Reilly filed a complaint on Oct. 27 in the U.S. District Court for the Central District of California, Western Division against YouTube LLC, Google Inc. and Does 1-5 alleging copyright infringement.

According to the complaint, the plaintiff alleges that she owns all rights to an image of red lips and a microphone and the subject image is currently registered with the U.S. Copyright Office. In August, plaintiff discovered that at least one Doe defendant copied, published and publicly displayed the infringing image on YouTube’s website without license or permission from her. The plaintiff alleges she sent a notice of infringement to YouTube but was directed to Google, however, she did not receive any further communications from YouTube or Google.

The plaintiff holds YouTube LLC, Google Inc. and Does 1-5 responsible because the Doe defendants allegedly copied and distributed an infringing image without consent from plaintiff, and the remaining defendants contributed to the infringement by failing to remove or disable access to the infringing image on their website despite notice from plaintiff.

The plaintiff requests a trial by jury and seeks judgment against defendants, temporary and permanent injunctions, destruction and removal of all infringing images, damages, costs, attorney's fees and further relief as may be just. She is represented by Derek Newman and Peri-Elle Cabagnot of Newman Du Wors LLP in Santa Monica.

U.S. District Court for the Central District of California Case number 2:16-cv-08016

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