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Class Project Leads to Copyright Infringement Lawsuit

Reiner v. Saginaw Valley State Univ., 16-cv-11728 (E.D. Mich.)

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TC Reiner is a professional fashion and fine-art photographer with over 20 years of experience. Reiner photographed—and registered copyrights in—an image entitled “Nikki.” In April 2014, Reiner discovered that Nikki was being made available to students at Saginaw Valley State University (“SVSU”) for use in class projects. Specifically, Reiner learned that an SVSU student, Hannah Frank, used Nikki to create a domestic violence advertisement for a class project. Frank used the advertisement as part of her portfolio to secure employment.

SVSU did not obtain a license or permission to use Nikki. Although SVSU has copyright policies, it did not require the faculty to provide copyright information to students. In addition, the instructors did not require the students to obtain permission from copyright holders prior to using copyrighted images.

On August 18, 2015, Reiner, through his attorney, sent SVSU a Cease and Desist letter. SVSU denied Reiner’s copyright infringement claims, and the parties were unable to resolve the issue short of litigation. On May 16, 2016, Reiner filed suit alleging copyright infringement and seeking: declaratory relief; injunctive relief, and; monetary damages. On July 27, 2016, SVSU filed a motion to dismiss Reiner’s claims. SVSU claimed that as a state entity, it enjoys sovereign immunity and is therefore exempt from suit.

On November 9, 2016, Reiner filed an Amended Complaint adding Hannah Frank and a Jane Doe as defendants. On November 14, 2016, SVSU filed a motion to dismiss Reiner’s Amended Complaint, continuing to claim that because SVSU is a state university, it (and its Board of Control) are entitled to sovereign immunity.