Foss v. Marvic d/b/a Brady-Built Sunrooms et al. (18-cv-_____).

  • January 23, 2018

Cynthia Foss filed a pro se complaint against Brady-Built for copyright infringement and failure to submit voluntarily to arbitration. Ms. Foss, a photographer and graphic designer, alleges that she was commissioned to create Brady-Built 2019s catalog in 2006, but that other than the 2006 catalog, she retained the copyright in her work. She asserts the continued use of the work, in catalogs and on-line, exceeds the use contemplated by her contract with Brady-Built and thus is copyright infringement. Ms. Foss further alleges that her contract incorporates certain Articles of the Code of Fair Practice, one of which specifies that commissioned artwork is not to be considered a 201cwork for hire. 201d She also alleges that the contract includes an arbitration provision, with which Brady-Built refuses to comply. This case will be heard by Judge Hillman.

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