Court Determines Plaintiff Is Not Entitled To Ten-Fold Multiplier In Calculating Damages For Infringement Of Copyrighted Photograph Of Arnold Palmer

Straus v. DVC Worldwide, Inc., 484 F.Supp.2d 620 (S.D.Tex., March 23, 2007), involves a dispute over a 1989 photograph of the well-known golfer, Arnold Palmer. Straus, a professional photographer copyrighted the photograph and licensed it for use in the defendants' 2001 and 2002 advertising campaigns to market the smoking-cessation products, Nicorette and NicoDerm. The United States District Court for the Southern District of Texas granted summary judgment in favor of the defendants, DVC Worldwide and GlaxoSmithKline, on Straus's claim that he was entitled to a tenfold multiplier on his actual damages.

The licensing agreement between the defendants and Straus ended when Straus demanded increased fees for renewing the license. DVC decided to use 1995 photograph of Arnold Palmer in its subsequent campaigns. Straus...