Duffy Archive Limited v. 379 Somerville Avenue LLC (20-cv-10202).

Duffy Archive, a British company that owns and manages the photographs of fashion and celebrity photographer Brian Duffy, accuses 379 Somerville, which owns and operates a live music venue called “Thunder Road” at the 379 Somerville Ave. address, of willful copyright infringement. Duffy asserts copyright in a photograph of a shirtless David Bowie with a blue and red lightning bolt running across one eye, which appears to have been taken during the session that led to the album cover for Bowie’s 1973 “Aladdin Sane” album. He says that 379 Somerville used this photograph as the basis for promotions for a “Bowie Celebration” night at the venue. Duffy asserts that a number of cease and desist letters were sent but that “the infringement brazenly continues’” although I note that the date of the event has passed. The case is before Judge Saris.

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