Pre-emptive lawsuit asks judge to declare there was no copyright infringement.
After displaying pictures of rings on its Instagram account, Artisan Jewelers in Cary, N.C. has filed a pre-emptive lawsuit against New York-based Verragio asking a judge to declare that no copyrights were violated, Triangle Business Journal reports. Verragio, the article says, sent a cease-and-desist letter to Artisan claiming that the rings were similar to their own copyrighted designs. Though Artisan removed the pictures and never sold the rings, it says that “the mere showing of the rings did not infringe on Verragio’s copyrights” and filed the pre-emptive suit to protect itself.
Speaking with TBJ, Raleigh-based copyright attorney Sarah Nagae says the intent of the posts makes a difference in the case: “[Artisan] published under their business account. The only reason you’d think a business would publish something on Instagram under the account would be because they’re selling it. … If they just posted these pictures but weren’t actually selling them, then that’s a different issue.”
Read more at Triangle Business Journal