SRIPLAW

CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO.: 9:20-cv-80851

AFFORDABLE AERIAL PHOTOGRAPHY, 

INC.,

Plaintiff,

v.

LOGAN REALTY, INC. AND DIGITAL 

RESOURCE LLC,

Defendants.

COMPLAINT FOR COPYRIGHT INFRINGEMENT 

(INJUNCTIVE RELIEF DEMANDED)

Plaintiff AFFORDABLE AERIAL PHOTOGRAPHY, INC. by and through its

undersigned counsel, brings this Complaint against Defendants LOGAN REALTY, INC. AND 

DIGITAL RESOURCE LLC for damages and injunctive relief, and in support thereof states as 

follows:

SUMMARY OF THE ACTION

1. Plaintiff AFFORDABLE AERIAL PHOTOGRAPHY, INC. (“AAP”), brings this 

action for violations of exclusive rights under the Copyright Act, 17 U.S.C. § 106, to copy and 

distribute AAP's original copyrighted works of authorship. 

2. Robert Stevens, owner of Affordable Aerial Photography, Inc., is a high-end real 

estate photographer who makes his living photographing million dollar homes for real estate 

agents. Stevens is an employee of his company, AAP, which provides photo shoots to a client’s 

specifications. Stevens is self-taught, but his photographs rival those taken by photographers who 

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charge thousands more. AAP licenses its photos to agents pursuant to a written license. The 

license is granted only to the agent for whom the photos were taken.

3. Defendant LOGAN REALTY, INC. (“Logan”) is a real estate broker in West 

Palm Beach, Florida. At all times relevant herein, Logan owned and operated the website at the 

URL www.loganrealtyinc.com (the “Website”).

4. Defendant DIGITAL RESOURCE LLC (“DRL”) is a web design company.

5. Defendants Logan and DRL are collectively referred to herein as “Defendants.”

6. AAP alleges that Defendants copied AAP's copyrighted Work from the internet in 

order to advertise, market and promote its business activities. Defendants committed the 

violations alleged in connection with Defendants' business for purposes of advertising and

promoting sales to the public in the course and scope of the Defendants' business. 

JURISDICTION AND VENUE

7. This is an action arising under the Copyright Act, 17 U.S.C. § 501.

8. This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C. 

§§ 1331, 1338(a).

9. Defendants are subject to personal jurisdiction in Florida.

10. Venue is proper in this district under 28 U.S.C. § 1391(b) and (c) and 1400(a) 

because the events giving rise to the claims occurred in this district, Defendants engaged in 

infringement in this district, Defendants reside in this district, and Defendants are subject to 

personal jurisdiction in this district.

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DEFENDANTS

11. Logan Realty, Inc. is a Florida corporation, with its principal place of business at

333 Clematis Street, Suite 201, West Palm Beach, Florida, 33401, and can be served by serving 

its Registered Agent, Mr. Rhys Hollyman, at the same address.

12. Digital Resource LLC is a Florida limited liability company with tis principal 

place of business at 218 Datura Street, Third Floor, West Palm Beach, Florida, 33401, and can 

be served by serving its Registered Agent, Mr. Shay A. Berman, 410 Evernia Street, Unit 303, 

West Palm Beach, Florida, 33401.

THE COPYRIGHTED WORK AT ISSUE

13. In 2015, AAP created a photograph entitled “Connemara AAP 2015 c, Sept. 25, 

2015,” which is shown below and referred to herein as the “Work”.

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14. At the time AAP created the Work, AAP applied copyright management 

information to the Work consisting of the words “© AAP 2015 all rights reserved” to the lower 

left corner of the Work.

15. AAP registered the Work with the Register of Copyrights on August 24, 2016 and 

was assigned the registration number VA 2-033-301. The Certificate of Registration is attached 

hereto as Exhibit 1.

16. At all relevant times AAP was the owner of the copyrighted Work at issue in this 

case.

INFRINGEMENT BY DEFENDANTS

17. Defendants have never been licensed to use the Work at issue in this action for 

any purpose. 

18. On a date after the Work at issue in this action was created, but prior to the filing 

of this action, Defendants copied the Work.

19. Defendants copied AAP’s copyrighted Work without AAP's permission. 

20. After Defendants copied the Work, they made further copies and distributed the 

Work on the internet to promote the sale of goods and services as part of their web design 

company and real estate brokerage business.

21. Defendants copied and distributed AAP's copyrighted Work in connection with 

Defendants' business for purposes of advertising and promoting Defendants' business, and in the 

course and scope of advertising and selling products and services.

22. AAP's Works are protected by copyright but are not otherwise confidential, 

proprietary, or trade secrets. 

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23. Defendants committed copyright infringement of the Work as evidenced by the 

documents attached hereto as Exhibit 2. 

24. AAP never gave Defendants permission or authority to copy, distribute or display 

the Work at issue in this case.

25. AAP notified Defendants of the allegations set forth herein on February 26, 2019

and March 27, 2019. To date, the parties have failed to resolve this matter. Copies of the Notices

to Defendants are attached hereto as Exhibit 3. 

26. When Defendants copied and displayed the Work at issue in this case, Defendants

removed AAP's copyright management information from the Work.

27. AAP never gave Defendants permission or authority to remove copyright 

management information from the Work at issue in this case.

COUNT I

COPYRIGHT INFRINGEMENT

28. Plaintiff incorporates the allegations of paragraphs 1 through 27 of this Complaint 

as if fully set forth herein.

29. AAP owns a valid copyright in the Work at issue in this case.

30. AAP registered the Work at issue in this case with the Register of Copyrights 

pursuant to 17 U.S.C. § 411(a).

31. Defendants copied, displayed, and distributed the Work at issue in this case and 

made derivatives of the Work without AAP's authorization in violation of 17 U.S.C. § 501.

32. Defendants performed the acts alleged in the course and scope of its business 

activities. 

33. Defendants' acts were willful.

34. AAP has been damaged.

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35. The harm caused to AAP has been irreparable.

COUNT II

VICARIOUS INFRINGEMENT AGAINST LOGAN REALTY, INC.

36. AAP incorporates the allegations of paragraphs 1 through 27 of this Complaint as 

if fully set forth herein.

37. AAP owns a valid copyright in the Work at issue in this case.

38. AAP registered the Work at issue in this case with the Register of Copyrights 

pursuant to 17 U.S.C § 411(a).

39. DRL copied, displayed, and distributed the Work at issue in this case and made 

derivatives of those Work without AAP’s authorization in violation of 17 U.S.C. § 501 under the 

direction of Logan, who profited from the infringement.

40. Logan had the right and ability to control the infringing activities by DRL.

41. Logan has a direct financial interest in the infringing activities of DRL. 

42. Logan is vicariously liable for the infringement of DRL.

43. AAP has been damaged.

The harm caused to AAP is irreparable.

COUNT III

REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION

44. Plaintiff incorporates the allegations of paragraphs 1 through 27 of this Complaint 

as if fully set forth herein.

45. The Work at issue in this case contain s copyright management information 

(“CMI”).

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46. Defendants knowingly and with the intent to enable or facilitate copyright 

infringement, removed CMI from the Work at issue in this action in violation of 17 U.S.C. § 

1202(b).

47. Defendants committed these acts knowing or having reasonable grounds to know 

that they will induce, enable, facilitate or conceal infringement of AAP's rights in the Work at 

issue in this action protected under the Copyright Act.

48. Defendants caused, directed and authorized others commit these acts knowing or 

having reasonable grounds to know that they will induce, enable, facilitate or conceal 

infringement of AAP's rights in the Work at issue in this action protected under the Copyright 

Act.

49. AAP has been damaged. 

50. The harm caused to AAP has been irreparable.

WHEREFORE, the Plaintiff prays for judgment against the Defendants Logan Realty, 

Inc. and Digital Resource LLC that:

a. Defendants and their officers, agents, servants, employees, affiliated entities, and 

all of those in active concert with them, be preliminarily and permanently enjoined from 

committing the acts alleged herein in violation of 17 U.S.C. §§ 501, 1203;

b. Defendants be required to pay Plaintiff its actual damages and Defendantss' profits 

attributable to the infringement, or, at Plaintiff’s election, statutory damages, as provided in 17 

U.S.C. §§ 504, 1203.

c. Plaintiff be awarded its attorneys’ fees and costs of suit under the applicable statutes 

sued upon; and

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d. Plaintiff be awarded such other and further relief as the Court deems just and 

proper.

JURY DEMAND

Plaintiff hereby demands a trial by jury of all issues so triable.

DATED: May 28, 2020 Respectfully submitted,

/s/Joel B. Rothman

JOEL B. ROTHMAN

Florida Bar No.: 98220

joel.rothman@sriplaw.com

JASON S. WEISS

Florida Bar Number: 356890

jason.weiss@sriplaw.com

SRIPLAW

21301 Powerline Road

Suite 100

Boca Raton, FL 33433

561.404.4350 – Telephone

561.404.4353 – Facsimile

Attorneys for Plaintiff Affordable Aerial 

Photography, Inc.

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