Rights Holder Sues Weather Information Firm for Infringing Tornado Video

A weather-tracking company copied and displayed protected video footage of a tornado hitting Elgin, Texas, in violation of copyright law, alleged a complaint Thursday (docket 6:24-cv-06014) in U.S. District Court for Western New York in Rochester.

Plaintiff Viral DRM, a videography business based in Talladega County, Alabama, purchased rights to the video on May 17, 2022, from Michael Clement and Brett Adair, who had purchased the rights from video creator Ronald Emfinger, said the complaint. Emfinger first published the video on March 21, 2022, the complaint said. In creating the video, Emfinger selected the subject, timing, lighting, angle, perspective, depth, lens and camera equipment, it said. On April 22, 2022, the video was registered by the U.S. Copyright Office under registration number PA 2-354-516, it said.

On March 22, 2022, defendant Weather-Track Inc., which went by Kevin Williams’ Weather-by-Williams account on Facebook, displayed the video as part of a Facebook livestream, without permission or authorization, said the complaint. Weather-Track “volitionally copied and displayed" Viral DRM’s copyright-protected video, said the complaint. The infringement includes a URL for a “fixed tangible medium of expression that was sufficiently permanent or stable to permit it to be communicated for a period of more than a transitory duration,” thus constituting “a specific infringement,” it said.

The infringement is an “exact copy” of the original video recording that was “directly copied and displayed” by the defendant, who took a “pervasive role” in posting the video, “including, but not limited to copying, posting, selecting, commenting on, and/or displaying video recordings including but not limited to Plaintiff's Video,” the complaint said.

Upon information and belief, Weather-Track was aware of facts or circumstances from which the determination of infringement was apparent, said the complaint. The defendant can’t claim it wasn’t aware of the infringing activities because such a claim would amount to “only willful blindness” to its infringement, it said. Upon information and belief, Weather-Track has received a “financial benefit” directly attributable to the infringement,” it said.

Weather-Track’s use of the video “harmed the actual market” for the video, said the complaint. Its use of the video, if widespread, would also harm the potential market for the video, the complaint said.

Viral DRM asserts claims of direct copyright infringement and removal and/or alteration of copyright management information, the complaint said. It seeks awards of actual damages and disgorgement of defendants’ profits attributable to the infringements or statutory damages for each infringement, “whichever is larger,” it said. It also seeks an order enjoining Weather-Track from any infringing use of DRM’s works, pre- and post-judgment interest, and attorneys’ fees and costs. The defendant couldn’t be reached for comment.