Helen Marcus estate sues Open Inc., alleging unlicensed Instagram use of her Toni Morrison portrait

What was filed

The complaint is Document 1 in No. 2:26-cv-11466, U.S. District Court for the Central District of California, Western Division, filed October 2, 2026. The plaintiff is Caleb Cain Marcus, as executor of the Estate of Helen Marcus. The defendants are Open Inc., which the complaint describes as a Delaware corporation with its principal place of business in Venice, California, and Does 1 through 10, whom it sues by fictitious names. The complaint demands a jury trial. (Compl. paras. 2 to 4, 58.)

What the complaint alleges

The complaint alleges that Helen Marcus made a black and white portrait of Toni Morrison in or about 1977, and that the photograph was registered as part of Registration No. VAu 1-165-795, titled "Collection of Authors Portraits," with an effective date of registration of December 8, 2013. It alleges that the plaintiff, as executor of the estate, owns, or has the right to enforce, the copyright. (Compl. paras. 16 to 18.)

It alleges, on information and belief, that no later than March 2026, Open copied the photograph into a promotional graphic overlaid with its "Open" wordmark and published it as the lead slide of a multi-slide Instagram post titled "How They Became the Greats: The Routines of Legendary Writers," and that the post displayed the photograph from no later than March 8, 2026 through at least July 2026. It alleges that the plaintiff sent written notice on July 2, 2026, that Open's agent signed for the certified mail copy on July 14, 2026, and that Open never responded. (Compl. paras. 21 to 22, 27 to 29.)

The first cause of action alleges copyright infringement under 17 U.S.C. 106 and 501. The second alleges removal or alteration of copyright management information (CMI) under 17 U.S.C. 1202(b); the complaint alleges, on information and belief, that Open and/or the Doe defendants intentionally removed and/or altered CMI, including by stripping embedded metadata and any credit identifying Ms. Marcus. For infringement, the complaint seeks actual damages and Open's profits under 17 U.S.C. 504(b) or, at the plaintiff's election, statutory damages under 17 U.S.C. 504(c). For the CMI claim, it seeks actual damages and profits or, at the plaintiff's election, statutory damages under 17 U.S.C. 1203(c). It also seeks injunctive relief under 17 U.S.C. 502 and 1203(b)(1), prejudgment interest, and fees and costs under 17 U.S.C. 505 and 1203(b). (Compl. paras. 39, 41 to 57.)