The complaint
August Image, LLC v. Mystify Entertainment Network, Inc., No. 1:26-cv-07484 (S.D.N.Y.), is a nine-page complaint filed September 1, 2026, ECF No. 1, with a jury demand.
The portrait
August Image describes itself as a New York photography agency that represents celebrity and fashion photographers. It alleges that one of its photographers is the sole author of a portrait of an actor registered as VA 2-373-779, and that August Image is the beneficial owner of the copyright as exclusive licensee.
What it alleges
The complaint describes Mystify as a digital media company that publishes celebrity and pop culture content through several online brands, including Morning Honey, which it says is published on the AOL platform. It alleges, on information and belief, that Mystify operates that site and, after the actor's death, located the portrait online and used it in an article without authorization, and that the use was knowing and willful. The single claim pleads copyright infringement under 17 U.S.C. § 501.
August Image seeks declarations of infringement and willfulness, an accounting, actual damages and profits or, at its election, statutory damages under 17 U.S.C. § 504(c), exemplary and punitive damages, costs and attorneys' fees under 17 U.S.C. § 505, interest, and a permanent injunction under 17 U.S.C. § 502.
On the docket
A return of service was filed on September 14, 2026. The court entered orders on motions to extend the time to answer on September 23 and October 23, 2026.