Bayoh v. Afropunk Fest 2015 LLC

Background

Photographer Mambu Bayoh sued Afropunk LLC, Afropunk Fest 2015 LLC, Afropunk Global Initiative LLC, Matthew Morgan, and Jocelyn Cooper for copyright infringement. He alleged that the defendants used his photographs at Afropunk festivals and in promotional materials during 2015 and 2016 beyond the limited permission he had granted. The case originally included claims for unfair competition and statutory copyright damages and attorney’s fees, but those claims had already been dismissed. The remaining claim sought actual damages or the defendants’ profits attributable to infringement.

Bayoh testified that he allowed use of six photographs on the website promoting the 2015 festival. He did not sign a proposed agreement that would have given Afropunk broad, perpetual rights to use photographs taken at the festival. The parties disputed the scope of any license, including whether Afropunk could use the photographs on posters, booklets, shirts, signs, social media, email communications, and a festival application.

Copyright registrations

The defendants argued that Bayoh’s copyright registrations were invalid because some completion and publication dates in his applications were inaccurate. The court explained that a registration generally satisfies the requirement to bring an infringement action even if it contains inaccurate information, unless the applicant knowingly supplied the inaccurate information and the inaccuracy would have caused the Copyright Office to refuse registration.

The court held that it could not invalidate the registrations without first consulting the Copyright Office if the statutory conditions were met. It found no evidence that Bayoh knew the dates were inaccurate when he submitted the applications. The court therefore declined to refer the matter to the Copyright Office and held that the registrations were sufficient for Bayoh to bring suit.

Scope of the license

The court held that a license limits an infringement claim only to the extent the defendant used the copyrighted work as agreed. It found that the parties agreed Bayoh gave the defendants some license, but there was a genuine dispute about its scope. The defendants claimed the license was unlimited, while Bayoh claimed that it covered certain photographs and limited uses on the 2015 festival website and Instagram page. Because the conflicting evidence could not be resolved on summary judgment, the court denied judgment on this issue.

Equitable estoppel

The defendants argued that equitable estoppel barred Bayoh’s lawsuit. Equitable estoppel is a defense based on misleading conduct and detrimental reliance. The court found sufficient evidence for a jury to dispute whether Bayoh’s conduct allowed the defendants to believe they were authorized to use the photographs. Bayoh said he had limited the license and repeatedly objected to the defendants’ broader use of his work. The court therefore denied summary judgment on this defense.

Statute of limitations

The defendants argued that the copyright claim was untimely. The court explained that infringement claims generally must be brought within three years after they accrue. Because Bayoh filed suit on June 27, 2018, claims accruing before June 27, 2015 could have been barred. The court found no evidence that Bayoh discovered, or should have discovered, the alleged infringement before attending the Brooklyn festival on August 22, 2015. It held that the claims at issue were not time-barred.

Claims against particular defendants

The court granted summary judgment to Afropunk Fest 2015 LLC and Afropunk Global Initiative LLC because it was undisputed that those entities were not involved in the alleged infringement.

The court denied summary judgment as to Jocelyn Cooper. Although Cooper submitted a declaration stating that she did not make decisions about Afropunk’s use of photographs, the court explained that a person who is not the direct infringer may still face contributory or vicarious infringement liability. The court found a genuine factual dispute about whether Cooper could be vicariously liable, given that she was Afropunk’s co-chief executive officer and oversaw marketing and sponsorship activities.

Disposition

The court denied the defendants’ August 30, 2019 motion for summary judgment, except as to Afropunk Fest 2015 LLC and Afropunk Global Initiative LLC. The copyright claim therefore remained pending against the other defendants.