The complaint
August Image, LLC v. Capitalism.com, LLC, No. 1:26-cv-03109 (W.D. Tex., Austin Division), was filed November 5, 2026, as Document 1 (6 pages). The plaintiff is August Image, LLC, a New York limited liability company with its principal place of business in New York, New York, described as a full-service rights-managed collection representing portrait, lifestyle, beauty, and fashion photographers. The named defendant is Capitalism.com, LLC, a Texas limited liability company with its principal place of business in Austin, Texas, alleged to own, operate, and/or control www.capitalism.com and related sites and apps, together with Does 1-10. The complaint demands a jury trial. The docket through November 5, 2026, shows the complaint, a summons request, and a notice of filing of the AO 121 copyright form.
The work
August Image alleges it is the exclusive licensing agent and syndicator for an original photograph registered as U.S. Copyright Registration No. VAu 1-174-879, with an effective date of registration of June 10, 2014 (the Subject Photograph), and that it represents the photographer who created it. The Copyright Office public record for VAu 1-174-879 lists an unpublished visual material titled Pugliese Proofs 2012, completed in 2012, with Joseph Pugliese as author and claimant and a registration date of June 10, 2014. August Image says it has standing under 17 U.S.C. § 501(b).
What it alleges
The complaint alleges that Capitalism.com reproduced and displayed unauthorized copies of the Subject Photograph for commercial purposes on capitalism.com, including as the lead image of an article about Oprah Winfrey's net worth and how she grew a media empire, at https://www.capitalism.com/oprah-winfrey-net-worth/, alongside promotions for Capitalism.com's own products and services. It alleges, upon information and belief, that the defendants uploaded the photograph to Capitalism.com's servers after registration and publicly displayed it. August Image says it discovered the accused posts in or around April 2024, notified Capitalism.com in writing through its representative on April 29, 2024, and again on May 6, 2024, and that counsel sent a written cease-and-desist demand on July 1, 2025, with Capitalism.com confirming receipt of the April 29, 2024 and July 1, 2025 notices. It alleges access, verbatim copying, damages and profits, and willful infringement with actual or constructive knowledge or reckless disregard or willful blindness.
The count and relief
Count One is copyright infringement against all defendants. The prayer seeks an injunction against infringing the copyright in the Subject Photograph; defendants' profits, plaintiff's losses, and other monetary advantage, or, if elected, statutory damages under 17 U.S.C. § 504(c); attorneys' fees under 17 U.S.C. § 505; prejudgment and post-judgment interest; costs; and further relief. The complaint cites 17 U.S.C. §§ 412, 504(c), and 505 for statutory damages and fees based on registration before the alleged infringement began, and enhanced statutory damages under 17 U.S.C. § 504(c)(2) for willfulness.