Usherson v. Bandshell Artist Management
United States District Court for the Southern District of New York
2020 WL 3483661 (2020)
- Written by Kate Douglas, JD
Facts
Attorney Richard Liebowitz founded his own small firm. Liebowitz, who was no stranger to sanctions, filed a complaint on behalf of Arthur Usherson (plaintiff) against Bandshell Artist Management (Bandshell) (defendant), alleging that Bandshell infringed Usherson’s copyright on a photograph. The complaint alleged that the photograph was registered with the United States Copyright Office. Liebowitz repeatedly failed to comply with the court’s orders and then lied about that fact, sometimes under oath. Bandshell’s counsel, who acted pro bono, investigated and learned that the photograph was not registered with the Copyright Office as Liebowitz had alleged. Liebowitz initially claimed that the complaint contained a clerical error but later admitted that he had never investigated whether the photograph was registered. The district court addressed whether Liebowitz should be sanctioned and, if so, what sanctions were appropriate.
Rule of Law
Issue
Holding and Reasoning (Furman, J.)
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