A federal judge in the Northern District of Georgia has denied a motion to dismiss in a copyright infringtement lawsuit by an ad agency against former Republican presidential candidate Herman Cain and publisher Simon & Schuster Inc. The amended complaint, filed in June 2012, claims that a photo, shot on behalf of Friends of Herman Cain, Inc. for use in his political campaign was published on the cover of Mr. Cain’s autobiography without permission.
The book “This is Herman Cain!: My Journey to the White House,” was published in October 2011, during Cain’s presidential campaign for the Republican nomination. Adventure Advertising, LLC filed suit in January, 2012.
As in many copyright infringement lawsuits the parties disagree over whether the user of the photo had asked for and received permission to publish it and whether such use was licensed by the rights holder.
The judge’s ruling will allow discovery to move forward.