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

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:

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

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  • About the Firm

    Doniger / Burroughs is California’s premier fashion, art, entertainment, and technology law boutique. The firm has resolved more than 1,000 disputes over the almost 20 years it has been in existence, and has represented all manner of individuals and businesses in the creative industries. Its lawyers have extensive state and federal court experience, and hail from well-regarded law schools. The firm has been on the forefront of cutting-edge copyright law, appearing often before judges, juries, and the Courts of Appeal. It has tried more copyright infringement cases than virtually any other firm over the last 5-10 years, and has obtained for its clients numerous six- and seven-figure verdicts and settlements.

    The firm is committed to representing artists and content creators, and enforcing intellectual property rights. It has litigated successfully against many of the nation’s largest retailers, film and television studios, web sites, and news organizations. Its partners speak and write often on art and copyright law issues, and devote significant time and resources to ensuring a level playing field for those responsible for the creation of art and content.