SRIPLAW

CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 1:20-cv-22228

AFFORDABLE AERIAL PHOTOGRAPHY, 

INC.,

Plaintiff,

v.

THOMAS SVANSTEDT individually and 

dba AMERICAN GOLF TOURS & 

ACADEMY,

Defendant.

COMPLAINT FOR COPYRIGHT INFRINGEMENT 

(INJUNCTIVE RELIEF DEMANDED)

Plaintiff AFFORDABLE AERIAL PHOTOGRAPHY, INC. by and through its

undersigned counsel, brings this Complaint against Defendant THOMAS SVANSTEDT 

INDIVIDUALLY AND DBA AMERICAN GOLF TOURS & ACADEMY 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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CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

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 THOMAS SVANSTEDT (“Svanstedt”) is an individual who owns the 

fictitious name AMERICAN GOLF TOURS & ACADEMY, and at all times relevant herein, 

operated the website at the URL www.americangolftours.com (the “Website”). The Website 

showcases golf properties around the world, including Florida, Arizona and the French Riviera in 

which customers and visitors of the Website can obtain rates and book travel to visit the 

showcased properties.

4. AAP alleges that Svanstedt copied AAP's copyrighted Work from the internet in 

order to advertise, market and promote his business activities. Svanstedt committed the 

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

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

JURISDICTION AND VENUE

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

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

§§ 1331, 1338(a).

7. Defendant is subject to personal jurisdiction in Florida.

8. 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, Defendant engaged in 

infringement in this district, Defendant resides in this district, and Defendant is subject to 

personal jurisdiction in this district.

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CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

DEFENDANT

9. Thomas Svanstedt is the owner of the state of Florida fictitious name American 

Golf Tours & Academy. Svanstedt can be served at 1602 Alton Road, Suite 72, Miami Beach, 

Florida, 33139.

THE COPYRIGHTED WORK AT ISSUE

10. In 2012, Stevens created a photograph entitled “Lost_Tree_Village_1,” which is 

shown below and referred to herein as the “Work”.

11. Stevens registered the Work with the Register of Copyrights on August 2, 2013

and was assigned the registration number VA 1-947-095. The Certificate of Registration is 

attached hereto as Exhibit 1.

12. AAP is the owner of the Work pursuant to an assignment between Stevens and 

AAP.

13. At the time Stevens created the Work, he applied copyright management 

information (“CMI”) to the Work consisting of the words “© Robert Stevens” to the bottom left 

corner of the Work.

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CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

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

case.

INFRINGEMENT BY DEFENDANT

15. Svanstedt has never been licensed to use the Work at issue in this action for any 

purpose. 

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

of this action, Svanstedt copied the Work.

17. Svanstedt copied AAP's copyrighted Work without AAP's permission. 

18. After Svanstedt copied the Work, he made further copies and distributed the 

Work on the internet to promote the sale of goods and services as part of its destination golf 

travel sales business.

19. Svanstedt copied and distributed AAP's copyrighted Work in connection with 

Svanstedt's business for purposes of advertising and promoting Svanstedt's business, and in the 

course and scope of advertising and selling products and services.

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

proprietary, or trade secrets. 

21. Svanstedt committed copyright infringement of the Work as evidenced by the 

documents attached hereto as Exhibit 2. 

22. AAP never gave Svanstedt permission or authority to copy, distribute or display 

the Work at issue in this case.

23. AAP notified Svanstedt of the allegations set forth herein on May 23, 2019 and 

June 14, 2019. To date, Svanstedt has failed to respond to Plaintiff’s Notices. Copies of the 

Notices to Svanstedt are attached hereto as Exhibit 3. 

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COUNT I

COPYRIGHT INFRINGEMENT

24. Plaintiff incorporates the allegations of paragraphs 1 through 23 of this Complaint 

as if fully set forth herein.

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

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

pursuant to 17 U.S.C. § 411(a).

27. Svanstedt 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.

28. Svanstedt performed the acts alleged in the course and scope of its business 

activities. 

29. Svanstedt's acts were willful.

30. AAP has been damaged.

31. The harm caused to AAP has been irreparable.

WHEREFORE, the Plaintiff prays for judgment against the Defendant Thomas Svanstedt 

individually and dba American Golf Tours & Academy that:

a. Defendant and its 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;

b. Defendant be required to pay Plaintiff its actual damages and Defendant's profits 

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

U.S.C. § 504;

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

sued upon; 

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d. Defendant be required to account for all profits, income, receipts, or other benefits 

derived by Defendant as a result of its unlawful conduct; 

e. Plaintiff be awarded prejudgment interest; and

f. 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

21310 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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