Photographer’s Copyright Infringement Suit Allowed to Proceed Against Music Festival But Not Against Related Entities

Bayoh v. Afropunk Fest 2015 LLC, No. 18-cv-5820-DLC, 2020 WL 229978 (S.D.N.Y. Jan. 15, 2020).

In August 2015, plaintiff Photographer Mambu Bayoh was hired by Afropunk LLC to take pictures at its Brooklyn music festival. However, in 2018 Bayoh filed suit in the Southern District of New York claiming that Afropunk, its co-CEOs, and related entities infringed the copyrights for his photographs by exceeding the scope of permission that he granted. In response to the suit, Afropunk LLC moved for summary judgment, arguing that Bayoh’s copyright registrations were invalid, that Bayoh’s license to Afropunk was an unlimited license, and that Bayoh’s suit was barred by equitable estoppel and the statute of limitations. The court was unpersuaded by these arguments as it issued an opinion and order on January 15 denying the motion as to Afropunk LLC and its co-CEOs because it failed to present sufficient evidence to support its arguments at the summary judgment stage. However, the court granted summary judgment as to Bayoh’s claims against Afropunk Fest 2015 LLC and Afropunk Global Initiative because these two entities were uninvolved in the alleged infringement against Bayoh.