Adeam and the Wall Group accused of Copyright Infringement


Sudipta Bandyopadhyay 23/08/19 #copyright #patent #trademark #brandprotection #infringement #newsupdate #topnews #world #headlines #breakingnews #latestnews #trending #hotnews #blogging #education #educationalblog #EdwardOpinaldo #EmilyRatajkowski #AnnabelleWallis #WallGroup #Adeam

Women’s wear brand Adeam and the famous management company the Wall Group is being sued by photographer Edward Opinaldo through two lawsuits for Copyright infringement. The cases are filed before the New York Federal Court. It was alleged in the complaints that the accused used the photographs of Opinaldo without his permission and license for their commercial purposes.

For every copyright infringement, there is a remedy but only if the copyright is timely registered. If a work is registered for copyright before the infringement occurs, the owner can obtain statutory damages as a remedy. If the infringement is proved before the Court then the copyright owner can elect to receive up to $150,000 USD for every infringed work, even if the actual damages are much smaller. However, the Court has the discretion to determine the actual amount of statutory damages. Timely copyright registration thus creates the opportunity of obtaining a remedy worth far more than the actual loss suffered by the infringement. The dispute arose with the photograph of Emily Ratajkowski and Annabelle Wallis clicked by Edward Opinaldo.

The first suit is related to the photo of Emily who is an actress and model of America. She was wearing Belted Tailored Jacket and Bootleg Pant in the disputed photograph. According to the complainant who is a Paparazzi photographer accused Adeam of using this photograph on their Instagram to advertise their brand. Opinaldo claimed that as he is the copyright holder of this photograph and Adeam used this photo without his permission. Adeam is a luxury fashion brand founded by designer Hanako Maeda in 2012.  It’s headquarter is in New York.

Another suit is filed against The Wall Group. It is a management company which works with the most exclusive brands in the world on marketing objectives. The complainant complained that the Wall Group used one of his copyrighted photos of Annabelle Wallis without his authorization. She is an English actress. She was wearing a flowing peated maxi dress in Opinaldo's photo. It is claimed by the complainant that an employee named Samantha McMullen from The Wall Group posted the photograph on Instagram. It was posted for the promotional event of the Showtime Series – The Loudest Voice. The Wall Group was accused on the legal point of law of torts. According to this law, the employer can be held liable for the mistakes of an employee during the course of employment.  The photographer claimed monetary damages against those infringements.

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