HOUSTON – The defendant in a copyright infringement lawsuit pertaining to a concert image of legendary guitarist Ted Nugent asserts its right to use the photograph, according to Houston federal court records.
RCC Holdings, LLC counters the suit from Indiana-based freelance photographer Larry Philpot with a revised formal response entered into the case on Sept. 18. The defendant first answered the complaint last June.
As previously reported in The Southeast Texas Record, Philpot initiated legal action earlier this year on allegations RCC published his picture of Nugent on its Web site “as its own.”
The plaintiff explains that 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.
RCC, in turn, argues that its publication of the image “constitutes fair use” and it had a valid Creative Commons license.
Both parties provided a joint status report in July in which they state that they considered settling their differences, neither side could agree to a sufficient offer.
The law firm Monshaugen & Van Huff, P.C. in Houston is representing the defendant.
Houston Division of the Southern District of Texas Case No. 4:18-CV-1573