HOUSTON – A local live music venue is the target of a Waukesha, Wisc.-based photographer’s copyright infringement lawsuit.
Jennifer Rodinelli Reilly filed the suit against Fitzgerald’s and its proprietor, Sara Fitzgerald, on Aug. 1 in Houston federal court, accusing the defendants of using an image titled “Red Lips and Microphone” without her permission.
Court papers explain that “Red Lips and Microphone” was taken during a photoshoot of a musical act, asserting “it the image that the defendants sought to use to promote performances at Fitzgerald’s.”
According to Reilly, the picture has been used to advertise events to advertise events since last October. The club allegedly used the plaintiff’s work on its Web site and social media posts in addition to third-party sites.
Efforts to resolve the matter were unsuccessful as counsel for the defendants informed Reilly’s counsel that “Fitzgerald would not make any offer to settle.”
Consequently, Reilly seeks unspecified monetary damages.
She is represented by Brian L. King and Aaron Davidson of the law firm Klemchuk LLP in Dallas.
Houston Division of the Southern District of Texas Case No. 4:18-CV-2649