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1 September 2017Copyright

Brian Duffy’s estate sues Hard Rock Cafe over David Bowie image

The estate of late photographer Brian Duffy is suing Hard Rock Cafe for copyright infringement for using a photograph of British singer David Bowie, who died last year, without permission.

The case (pdf) is being filed at the US District Court for the Southern District of New York. The photograph is registered under registration number VA 1-428-937.

Duffy took the photograph of the singer and it was placed on the front cover of Bowie’s “Aladdin Sane” album, which was released in 1973. Duffy, who died in 2010, is the author of the photograph and retained all rights and title in it.

Hard Rock allegedly placed the photograph throughout in the front entrance and guest rooms of its hotel in Palm Springs, California.

Duffy’s estate is requesting either Hard Rock pay the profits or gains brought about by the infringement or statutory damages of up to $150,000 per infringement.

Duffy is seen as one of the most influential photographers of all time.  His work can be found in galleries all around the world including in the Chris Beetles Gallery in London, the Alanari Photo Museum in Florence, the Monash Art Gallery in Australia, and the Centro De Historias Museum in Spain.

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Trademarks
25 June 2018   US-based Hard Rock Café has filed a motion to dismiss a trademark infringement claim it had launched against hotel reservation site RockStar Hotels.
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20 August 2020   Artwork by David Bowie used on footwear doesn’t infringe trademarks owned by the musician’s estate, a company has claimed in a lawsuit.
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5 January 2022   The US Court of Appeals for the Ninth Circuit has overturned a district court’s decision to certify class status for musicians and composers suing the recording archive Wolfgang’s Vault for copyright infringement.