PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

LARRY G. PHILPOT, §

§

Plaintiff §

§

V. § Civil Action No. 6:20-cv-355

§

SCRIPPS MEDIA, INC. §

§

Defendant. §

PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND

Plaintiff Larry G. Philpot (“Philpot” or “Plaintiff”) files this Original Complaint and Jury 

Demand against Defendant Scripps Media, Inc. (“Scripps” or “Defendant”) on personal knowledge 

as to all facts regarding himself and on information and belief as to all other matters, as follows:

I.

PRELIMINARY STATEMENT

A professional photographer’s ability to envision, and then immediately capture the entire 

scene—including non-visual senses such as sounds and smells—is what differentiates their 

photographs from an amateur’s photographs. These works extend well beyond the four corners of 

the photograph to evoke sentiments within the viewer so that the viewer is forever a part of the 

moment captured in time. For concert photographers, the odds are almost always against them—

the musicians are constantly moving, the lighting is usually dark and typically changing, and it is 

practically impossible to secure a good vantage point. But every now and then, a photographer 

captures a great shot, the kind of iconic shot that makes the viewer forever a part of that very 

moment in time. 

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PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 2

Larry Philpot, an experienced freelance photographer, has honed the art of capturing these 

rare moments in time. Philpot created a photograph of Willie Nelson during a concert. This

photograph is the type of awe-inspiring work that launches a successful photography career. 

Recognizing this, Philpot offered the photograph under a Creative Commons license, permitting 

members of the public to use the photograph provided that it is properly attributed to Philpot. In 

doing so, Philpot carefully marketed his sought-after product while still protecting the quality and 

his rights in his work. 

Defendant Scripps copied and posted Philpot’s photograph of Willie Nelson onto its 

website as its own, thereby infringing on Philpot’s copyrighted work. In freelance photography, 

the reputation and licensing revenue guarded by copyright law are a photographer’s sole means to 

support their career. Scripps stole both of those from Philpot. Larry Philpot brings this action to 

protect not just his rights under copyright law, but also his photography business. 

II.

PARTIES

A. Plaintiff

1. Plaintiff Larry G. Philpot is a citizen and resident of the State of Indiana. Philpot 

is a renowned freelance professional photographer who specializes in photographing concerts and 

musical performances across the United States.

B. Defendant

2. Defendant Scripps Media, Inc. is a Delaware corporation with its principal place of 

business in Ohio and resides in McLennan County, Texas. Scripps may be served via its registered 

agent, Corporation Service Company d/b/a CSC – Lawyers Incorporating Service Company, at 

211 E. 7th Street, Suite 620, Austin, Texas 78701-3218 USA. 

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PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 3

III.

JURISDICTION AND VENUE

3. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 

§ 1331 because this civil action presents a federal question as Plaintiff presents a civil claim arising 

under the Constitution, laws, or treaties of the United States.

4. This Court also has subject matter jurisdiction over this action pursuant to 28 U.S.C. 

§ 1338(a) because this civil action arises under an Act of Congress relating to copyrights, namely 

the Copyright Act of the United States, 17 U.S.C. § 101, et seq.

5. This Court has personal jurisdiction over Defendant Scripps Media, Inc. because it

conducts business and resides in the State of Texas.

6. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and 1400(a) 

because Defendant Scripps Media, Inc. resides and may be found in this District.

IV.

FACTUAL BACKGROUND

A. The Highly Competitive World of Freelance Concert Photography

7. To say that concert photography is a tough business is a severe understatement. It 

requires artistic skills, business skills, and interpersonal skills. Before having the opportunity to 

even take a photo, concert photographers must invest in expensive equipment and negotiate to 

obtain access to the concert stage. At the concert, they must battle all the variables that arise from 

an uncontrolled setting—a rowdy crowd, horrible lighting that is always changing, and musicians 

constantly moving. Not to mention, it is really loud. As a result, despite all of their efforts and 

hard work, concert photographers often take photographs that are entirely unusable, where the rock 

stars appear as blurs and washy blobs. 

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PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 4

8. Financially, concert photography can be a high-risk business venture. Freelance 

concert photographers earn money when they license or sell their work product and from 

photography engagements. If the photographs are unusable, which is often the case, or simply 

aren’t good, then the photographers do not receive any type of payment and are unable to expand 

their portfolio—which is necessary to obtain additional business. 

9. And, in today’s technological age where anyone with a smart phone can take 

pictures at concerts, concert photography is becoming significantly more competitive, making it 

even more imperative to capture the perfect shot. Because that is all that there is demand for—a 

few once-in-a-lifetime shots for each star. It doesn’t matter if a concert photographer takes 100 

good shots of a star at a concert—an article about Willie Nelson, for example, only needs one 

picture of Willie Nelson—the best one. 

10. In such a cutthroat environment, it is essential that concert photographers receive 

the compensation and credit to which they are entitled, but also need to advance their business. 

11. Each and every instance where a photographer does not receive proper attribution, 

or his work is misattributed, decreases the value of that photograph and the overall value of the 

photographer’s portfolio.

B. Larry Philpot: A Professional Concert Photographer

12. Larry Philpot is a renowned freelance photographer who specializes in taking 

photographs of musicians at concerts and other performances. Philpot has distinguished himself 

from amateur photographers by creating a highly coveted portfolio that demands legal protection 

to preserve its standard.

13. He has spent years perfecting his craft, and his photography business includes 

licensing his works and photography engagements.

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PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 5

14. Philpot is known for the unparalleled quality of his work. He employs photography 

techniques that involve precise angles, timing, assessment of light, and other creative approaches 

that he has worked tirelessly to develop. At a concert, Philpot has the uncanny ability of 

connecting with the artist from the crowd. In addition, to ensure the highest quality photographs, 

Philpot uses state of the art equipment. He has invested tens of thousands of dollars in equipment. 

15. He has established a strong reputation for himself and his work, and due to his 

professional reputation, he often obtains privileged access to take photographs of musical 

performers at concerts. Indeed, there are over one hundred instances where Philpot has received 

exclusive press credentials. 

16. There is an extensive market and a demand for Philpot’s photos that includes, but 

is not limited to, the musicians themselves, the musicians’ fans, record labels, talent agencies, 

editorial organizations, media entities, radio stations, website operators, and concert and event 

planners. Philpot has been very successful in this market. 

17. Philpot understands that part of being a professional photographer is to market your 

works to gain widespread exposure, and that the high use of his photographs has required licensing 

agreements and copyright protections. 

18. Philpot has entered into license agreements with Tom Petty and the Heartbreakers 

for his photographs. 

19. Philpot has also licensed his work to various musicians in exchange for attribution 

including, but not limited to, the musicians Kid Rock and Paul Stanley of KISS.

20. Further, Philpot has previously licensed several of his photographs through a stock 

photography agency called “Corbis” and its affiliate “Splash.” Philpot received monetary 

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PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 6

compensation through Corbis and Splash for licenses for photographs he took of Prince, Madonna, 

Fleetwood Mac, and the 2015 Indianapolis 500 Race and Winner. 

21. Philpot has also been engaged as a photographer by Hoosier Park LLC d/b/a 

Hoosier Park Racing & Casino to photograph “meet and greets” between celebrities and fans. 

22. Philpot’s portfolio and reputation as a premier photographer are critical to his 

business. The more his photographs are viewed with proper attribution, the more access he can 

obtain to take celebrity photographs, and the more he can command in licensing fees.

C. Philpot Creates the Willie Nelson Photograph

23. On October 4, 2009, Philpot created a photograph of Willie Nelson in St. Louis, 

Missouri (the “Willie Nelson Photo”). A true and correct copy of the Willie Nelson Photo is 

attached as Exhibit A.

24. The Willie Nelson Photo is an original work that Philpot registered with the United 

States Copyright Office as part of a collection of photographs on September 5, 2012. The Willie 

Nelson Photo is registered with the United States Copyright Office under Certificate Number VAu 

1-132-411. A copy of the copyright registration certificate for the Willie Nelson Photo is attached 

as Exhibit B.

25. As the owner of the copyright in the Willie Nelson Photo, Philpot has the exclusive 

rights to (1) reproduce the Willie Nelson Photo in copies, (2) prepare derivative works based on 

the Willie Nelson Photo, (3) distribute copies of the Willie Nelson Photo to the public by sale or 

other transfer of ownership, or by rental, lease, or lending, and (4) display the Willie Nelson Photo 

publicly.

26. Philpot first displayed the Willie Nelson Photo on May 31, 2011 on the Wikimedia 

website. The original photo can be found at 

https://commons.wikimedia.org/wiki/File:Willie_Nelson_at_Farm_Aid_2009.jpg. A copy of this 

Case 6:20-cv-00355-ADA Document 1 Filed 04/30/20 Page 6 of 28
PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 7

webpage as it existed on September 26, 2018 with the Willie Nelson Photo is attached as Exhibit 

C.

D. The Creative Commons License

27. A Creative Commons license is a simple, standardized copyright license that 

anyone can use to license their work. The copyright holder designates their work as governed by 

a Creative Commons license, and anyone may use the work provided they adhere to the terms of 

the license.

28. In an effort to market his freelance photography practice, Philpot offered the Willie 

Nelson Photo through Wikimedia for distribution, public display, and public digital performance 

under a Creative Commons Attribution 2.0 Generic license (abbreviated as “CC BY 2.0”). A copy 

of the CC BY 2.0 license is attached as Exhibit D.

29. This license allows anyone to use the work, provided that they, among other 

requirements:

a. Include a copy of the Uniform Resource Identifier for the CC BY 2.0;

b. Provide attribution to the author of the work; and

c. Provide the Uniform Resource Identifier that the licensor specifies to be 

included with the work.

E. Restrictions on the Willie Nelson Photo

30. Larry Philpot provided the following description on the Wikimedia website for the 

Willie Nelson Photo, “Willie Nelson getting ready to perform. Farm Aid 2009. Photo by Larry 

Philpot, www.soundstagephotography.com.” Philpot also provided the following attribution 

requirement: “You must attribute the work in the manner specified by the author or licensor (but 

not in any way that suggests that they endorse you or your use of the work).”

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PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 8

F. Scripps Infringes Philpot’s Copyright in the Willie Nelson Photo.

31. Scripps infringed Philpot’s copyright in the Willie Nelson Photo by publishing, 

copying, and displaying the Willie Nelson Photo on the https://www.wcpo.com/ website at 

http://www.wcpo.com/sports/baseball/reds/quiz-what-should-be-your-walk-up-song and 

https://app.contenttools.co/system/images/photos/000/080/889/thumb/Willie_Nelson_at_Farm_A

id_2009_-_Cropped.jpg?1459972254. A copy of these webpages as they appeared with the Willie 

Nelson Photo is attached as Exhibit E.

32. Scripps did not provide attribution to Philpot when it published the Willie Nelson 

Photo.

33. Scripps did not list or link to Philpot’s website, soundstagephotography.com when 

it published the Willie Nelson Photo.

34. Philpot discovered these infringements on April 30, 2017. 

G. The Damage Done

35. Defendant Scripps Media passed off Philpot’s Willie Nelson Photo as its own, 

ignoring Philpot’s primary requirement under the Creative Commons license to allow Defendant

Scripps Media to use his copyrighted work—the credit. Philpot has been deprived of the credit 

for taking the exceptional Willie Nelson Photo.

V.

CLAIMS

A. Count One: Copyright Infringement

36. Plaintiff realleges and incorporates the allegations set forth in the preceding 

paragraphs as if set forth in full herein.

37. Defendant Scripps operated and operates the website https://www.wcpo.com/. 

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PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 9

38. Defendant Scripps published, copied, and displayed the Willie Nelson Photo at 

http://www.wcpo.com/sports/baseball/reds/quiz-what-should-be-your-walk-up-song.

39. Defendant Scripps published, copied, and displayed the Willie Nelson Photo at 

https://app.contenttools.co/system/images/photos/000/080/889/thumb/Willie_Nelson_at_Farm_A

id_2009_-_Cropped.jpg?1459972254.

40. Defendant’s acts are and were performed without the permission, license, or 

consent of Plaintiff.

41. Defendant acted with willful disregard of the laws protecting Plaintiff’s copyrights.

42. Defendant infringed Plaintiff’s copyrights in the Willie Nelson Photo in violation 

of 17 U.S.C. § 501.

43. Plaintiff has sustained and will continue to sustain substantial damage in an amount 

not yet fully ascertainable, including but not limited to damage to his business reputation and 

goodwill.

44. Plaintiff is informed and believes and thereon alleges that the Defendant has 

obtained profits recoverable under 17 U.S.C. § 504. Plaintiff will require an accounting from the 

Defendant of all monies generated from the Willie Nelson Photo.

45. In the alternative and at his election, Plaintiff is entitled to seek maximum statutory 

damages for each work willfully infringed by Defendant in an amount of $150,000 per work 

infringed. In the event that the trier of fact does not find that Defendant willfully infringed 

Plaintiff’s copyrights, Plaintiff is entitled to seek maximum statutory damages for each work 

infringed by Defendant in an amount of $30,000 per work infringed.

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PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 10

46. Plaintiff has suffered and continues to suffer irreparable harm and damage as a 

result of the above-described acts. Accordingly, Plaintiff seeks permanent injunctive relief 

pursuant to 17 U.S.C. § 502, as well as seizure of the Willie Nelson Photo. 

47. Plaintiff is entitled to recover from the Defendant his attorney’s fees and costs of 

suit, pursuant to 17 U.S.C. § 505.

VI.

JURY DEMAND

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

VII.

RELIEF REQUESTED

WHEREFORE, Plaintiff demands that judgment be entered against Defendant as follows:

1. Pursuant to 17 U.S.C. § 502, that Defendant, it agents, servants, employees, 

representatives, successors and assigns, and all persons, firms, corporations, or other entities in 

active concert or participation with Defendant, be permanently enjoined from directly or indirectly 

infringing the Plaintiff’s copyrights in any manner, including generally, but not limited to 

reproducing, distributing, displaying, performing or making derivatives of any of the Willie Nelson

Photo;

2. Pursuant to 17 U.S.C. § 504, that Defendant be required to pay actual damages and 

disgorgement of all profits derived by Defendant from its acts of copyright infringement;

3. That Defendant be required to perform a complete and full accounting of all profits 

generated by Defendant from the Willie Nelson Photo; 

4. Pursuant to 17 U.S.C. § 504, that upon Plaintiff’s election, Defendant be required to 

pay statutory damages up to $150,000 for each work infringed for its acts of copyright 

infringement, and in the event the factfinder determines that Defendant’s infringement was not 

Case 6:20-cv-00355-ADA Document 1 Filed 04/30/20 Page 10 of 28
PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND PAGE 11

willful, that Defendant be required to pay statutory damages up to $30,000 for each work infringed 

for its acts of copyright infringement;

5. Pursuant to 17 U.S.C. § 505, Defendant be required to pay Plaintiff the costs of this 

action, prejudgment interest, and reasonable attorney’s fees; and 

6. Plaintiff be granted all other and further relief to which he is entitled.

Dated: April 30, 2020

Respectfully submitted,

HUTCHERSON LAW PLLC

/s/ Kenton J. Hutcherson

Kenton J. Hutcherson

Texas State Bar No. 24050798]

Hutcherson Law PLLC

3400 Oak Grove Avenue, Suite 350

Dallas, Texas 75204

Tel: (214) 443-4200 Number

Fax: (214) 443-4210

Email: kjh@hutchersonlaw.com

ATTORNEY FOR PLAINTIFF

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EXHIBIT A 

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EXHIBIT B 

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EXHIBIT C 

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Description English: Willie Nelson getting ready to perform. Farm Aid 2009. Photo by Larry

Philpot, www.soundstagephotography.com

(http://www.soundstagephotography.com)

Date 2 November 2009, 11:48

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