Doniger / Burroughs to Represent Photographer Peter Benke in Copyright Dispute with The Andaz Hotel and Others

22. October 2011 by admin.

Culver City, CA - Doniger / Burroughs has been retained by photographer Peter Benke to prosecute sweeping claims of copyright infringement against The Andaz Hotel, its advertising agents, Departure Agency and Digiteria, and others.

Peter Benke is an accomplished and in-demand photographer who has exhibited his work in galleries across the southland. A sampling of his innovative work is available here:  http://www.peterbenkephoto.com/

Mr. Benke’s claims arise from an advertising campaign he shot for the Ivy Hotel. The complaint alleges that he granted a limited license to the Departure Agency to use certain of the photographs he took in connection with that campaign, and Departure Agency breached that license by failing to tender the consideration due under the agreement, and making use of the photographs in a way that went well beyond the substantive and temporal scope of the license. The complaint alleges that the unauthorized use of Mr. Benke’s photographs constitutes copyright infringement. One such allegedly infringing use was the display by The Andaz Hotel of the photographs in its web marketing without right or authorization.

The defendants deny liability, and deny that the allegedly unauthorized use of the photographs at issue has damaged Mr. Benke.

The case is currently pending before the Honorable Valerie B. Fairbank in United States District Court in Los Angeles, and has been set for a jury trial on September 18, 2012.

For further information regarding this case, contact Scott A. Burroughs at (310) 590-1820 or scott@donigerlawfirm.com

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