HOUSTON – The parties in a copyright infringement lawsuit pertaining to a concert image of an iconic classic rock musician have submitted a joint status report into the case, per recent Houston federal court records.
Indiana-based freelance photographer Larry Philpot sued RCC Holdings, LLC two months ago for allegedly publishing his picture of Ted Nugent on its Web site “as its own.”
Philpot says he offered the photograph at issue under a Creative Commons license for anyone to use so as long as they properly attribute the image to him, but the defendant failed to attribute the picture to him.
In the 6-page report filed earlier this month, the parties state that they mulled settling the litigation.
“The plaintiff presented the defendant with a settlement offer which the defendant declined,” the document says. “The defendant presented the plaintiff with a counteroffer which the plaintiff declined. At this time, settlement is possible but it appears unlikely.”
A summarized version of RCC’s response to Philpot’s claims is also in the report. The defendant formally responded to the suit on June 8, according to court records.
Houston Division of the Southern District of Texas Case No. 4:18-CV-1573