CafePress Inc. said Thursday it entered into an agreement to settle a lawsuit brought against the company by Big Island artist Brad Parker through Tiki Shark Art Inc. Tiki Shark Art Inc. will receive no financial settlement from CafePress.
The lawsuit was filed in U.S. District Court in October 2013 and alleged CafePress committed copyright violations of Parker’s artwork. The lawsuit sought a variety of damages, alleging CafePress reproduced Parker’s painting, “Forbidden Island” without authorization.
According to West Hawaii Today archives, the case was filed after someone uploaded Parker’s work, costing Parker a $250,000 contract with a Dubai company. That company was intending to use the image on 25,000 towels, but after learning the image was also on CafePress, they canceled the order.
CafePress operates global websites with over 15 million users and offers a print-on-demand service that allows users to create and upload their own unique designs and offer them as virtual products through online shops and marketplaces. Artists, designers and content owners from around the world, including over 2,500 designers who are residents of Hawaii, use CafePress.
The settlement resolves all claims between the two companies, CafePress said in a prepared statement. Under the terms of this settlement, Tiki Shark Art Inc. will dismiss the lawsuit against CafePress with prejudice, neaning the company will be prohibited from suing CafePress for any future claims of infringement unless “Tiki Shark Art Inc. first provides CafePress with written notice of any user-uploaded content on the CafePress website alleged to infringe Tiki Shark Art Inc.’s intellectual property rights, and CafePress does not promptly remove any such images from the CafePress website in response to any colorably valid claims of infringement.”
“We are satisfied with today’s settlement, which highlights CafePress’ insulation from liability for copyright infringement by safe harbor defenses under the Digital Millennium Copyright Act,” said Kirsten Mellor, General Counsel for CafePress, in the prepared statement.