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Copyright Violation in Action: The Case of the Paul Kopeikin Gallery


Civil Suit Filed, Process Served at AIPAD's PhotoShow 2003
by A. D. Coleman  

On November 20, 2002, I filed a lawsuit against the Paul Kopeikin Gallery, Inc., of Los Angeles, for the amount of $5,461.00. I did this after having exhausted any other possibility for negotation, subsequent to fruitless attempts to pursue this through Kopeikin's professional organization, the Association of International Photography Art Dealers (AIPAD), and my own, the National Writers Union (NWU). Kopeikin rejected out of hand all of these efforts, stating both directly and through his attorney that if I wanted satisfaction I'd have to take him to court.

Which I have now done. The cause of action is the defendant's unauthorized use of my business property -- to wit, my writings, illegally posted at defendant's website for the purpose of promoting his commercial enterprise and hawking his merchandise.

On Friday, February 7, 2003, at 1 p.m., the process for this suit was served on Paul Kopeikin himself at his booth -- booth #212 -- at The Photo Show, the annual expo of the Association of International Photography Art Dealers (AIPAD), held as usual at the New York Hilton. It was served on him by John Hayes, a Staten Island-based attorney, acting on my behalf in accordance with the law. The affidavit of service was filed with the court on February 13, 2003. Under New York State law, because this summons was served on him personally, Kopeikin has 20 days from the date of service (that is, until February 27th) to respond. The court is the Civil Court of the City of New York, County of Richmond, not far from where I live here on Staten Island.

For a synopsis of the situation and other pertinent material, click here. You'll also find the original post, along with subsequent responses to this matter from members of the U. S. division of the International Association of Critics of Art (AICA-USA), in the "Advocacy/Action" section of the AICA USA website, www.aicausa.org. Updates will be posted both at that site and here as the case unfolds.

-- A. D. C.
February 14, 2003

Copyright © 2003 by A. D. Coleman. All rights reserved. For reprint permissions contact Image/World Syndication Services, POB 040078, Staten Island, NY 10304-0002 USA;T/F (718) 447-3091, imageworld@nearbycafe.com