43North is one of at least five Buffalo organizations and businesses that local artist Casey Milbrand has accused of violating the copyright on his outdoor murals by using them in promotional and marketing materials without permission.
The not-for-profit entity that helps accelerate startup businesses, however, is alone fighting back in court.
Through attorney Charles C. Ritter Jr. of Duke Holzman Photiadis & Gresens law firm, 43North in July responded with denials to Milbrand’s civil complaint, which had been submitted to district court in March. Ritter argued that fleeting footage of two murals in a company YouTube video does not meet the legal requirement for copyright infringement.
Ritter said that Milbrand’s “Greetings from Buffalo” mural located downtown and “Lookin’ Good” on Hertel Avenue each appeared for less than one second during a two-minute, 57-second video. The artworks were not identified by name and were not prominent parts of a video intended for “educational purposes,” the response said.
In Milbrand’s original complaint, the artist included screenshots from 43North’s video titled “Why Buffalo” published on its YouTube channel on Oct. 12, 2021. The video is no longer publicly accessible.
Nearly seven years after the mural’s creation, the artist faces criticism for sending invoices to businesses and institutions requesting sums from $5,000 to $180,000 for alleged copyright…
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