A few months back, I won a Copyright Infringement case two against a professional speaker from Scottsdale, Arizona, Marsha Petrie Sue, who was found liable in a US Federal Court in Los Angeles of willful copyright infringement, by a unanimous jury of eight. Therefore, I have a tremendous amount of admiration and lend my support to famed photographer Dave La Chapelle for going after singer Rihanna and her team, including her her video director Melina Matsukas.
In my case defendant and Marsha Petrie Sue did word for word copying of my materials and placed it in her 2007 “Toxic People” book,
which by the way is the same name as my 1995 “Toxic People” book. She not only used my copyrighted material in her book, she placed it on her website and took credit for it as her own.
Appalled at seeing my very own material in her “Toxic People” book in addition to seeing it on her website, where she welcomed people to use my material if they wished as long as they gave her credit, I had absolutely no recourse but to protect my rights legally.
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MY FIGHT FOR FOR EVERYONE WHO CREATES
In fighting my legal battle, it was not only for myself, Instead it was was everyone who shares the creative spirit. I was inspired and motivated by keeping in mind all other authors, screnwriters, songwriters, artists, designers, and photographers.
Therefore , when I just discovered that the famous and talented photographer Dave Chapelle decided to stick up for his legal rights I was thrilled. It showed me, how like myself there was someone else out there would would not allow anyone to take credit for what what not rightfully theirs.
Dave LaChapelle is suing singer Rihanna, her record label and video director Melina Matsoukas, for allegedly using his copyrighted photos as the basis for Rihanna’s most recent video, entitled S&M. His photos were also apparently used without his permission or any reference made to to him.
Similarly, Marsha Petrie Sue, who was also accused of plagiarism by a university professor for word for word copying of Lars Dahlgren’s work, claimed my material as her own, She did not give me or Lars Dahlgren for that matter any credit for our respective work. Likewise, Rihanna and her video director and record label have allegedly claimed David LaChapelle’s material as their own without giving him proper attribution or credit.
Dave La Chapelle states the similarities between his copyrighted work and the costumes and poses used in Rihanna’s video as he alleges they were “willful, wanton and deliberate” acts of copyright infringement.
In my case, a unanimous jury found that there were “willful, wanton and deliberate” acts of copyright infringement with regard to Marsha Petrie Sue.
LA Chapelle alleges Rhianna and company used his copyrighted image “Latex” where in Rihanna’s video, noting a the left side of her face is against a blue background as she is wearing false eyelashes and close-fitting, shiny, pink latex hood, with her mouth open as a small candy is placed on her tongue which was a striking similarity to his work.
Allegedly Rihanna and her team wanted the video director to create a “LaChapelle-esque” music video. Dave LaChapelle also found that the storyboards which were apparently used for the video had prints of his photographs.
He said “Musicians commonly pay to sample music or use someone’s beats and there should be no difference when ‘sampling’ artist’s visuals.”
He is absolutely correct! As a writer, people have paid me to use my quizzes or the lists in my books, especially those in my “He Says She Says” book.
So when Marsha Petrie Sue claimed my material as her own she paid the ultimate consequence of being found liable by a unanimous jury of 8 in a US Federal court in Los Angeles as a “willful copyright infringer”.
In the past, Dave LaChapelle has made millions of dollars for his videos such as the ones he directed for Jennifer Lopez, Christina Aguilera and Britney Spears, For him it is not just about the money.
It was not about the money for me either. In fact because Marsha Petrie Sue didn’t sell that many books, my award wasn’t that high.
But it was the principal of the situation that meant the most to me as it no doubt is with Dave La Chapelle.
No doubt the funds will be affected by 11 countries refusing to sell the video which they consider offensive.
Going all the way and taking any case through the legal system until it ends up in a US Federal Court is not simple and is not for the faint of heart. It requires a lot of mental, emotional and physical fortitude to deal with the emotional roller coaster that takes place. In the end, it has been my experience that it well worth it.
After winning my case against Marsha Petrie Sue I have become even more empowered as a human being.
It has not only given me peace of mind, but the inner strength and self esteem that I will never allow anyone to take from me what is not rightfully their. I stuck up for myself and what I created and I won.
Eadh day of the three day trial I say a huge American flag standing in front of me. It moved me emotionally and it motivated me. Because of my experience I have an even greater admiration, respect, and love of my country. I saw how the legal system works and how justice prevailed. www. drlillianglass.com
