Elliot McGucken sues Spyne AI, alleging on information and belief that it displayed his landscape photograph on spyne.ai

The complaint

McGucken v. Spyne AI Inc., No. 2:26-cv-12332 (C.D. Cal.), was filed October 22, 2026. The complaint is Document 1, runs 10 pages, and demands a jury. The plaintiff is Elliot McGucken, an individual residing in Los Angeles County. The defendants are Spyne AI Inc., which the complaint alleges, on information and belief, is a Delaware corporation with its principal address in Lewes, Delaware, and Does 1 to 10. The complaint is signed by Scott Alan Burroughs and also lists Trevor W. Barrett and Andres Navarro, of Doniger/Burroughs in Venice, California. Jurisdiction is pleaded under 28 U.S.C. 1331 and 1338(a) and (b), and venue under 28 U.S.C. 1391(c) and 1400(a). (Compl. caption; paras. 1 to 6.)

The photograph

The complaint describes McGucken as a landscape photographer whose work has appeared in Smithsonian Magazine, National Parks Magazine, and other fine arts publications. It says he created and owns the Subject Photograph, registered as Registration No. VA0002121720 with an effective date of January 23, 2018, and previously published it with credit on emcgucken.com and elsewhere. (Compl. paras. 8 to 13.)

The Copyright Office record for Registration No. VA0002121720 is a group registration of 103 published photographs titled "Elliot McGucken Epic Fine Art Landscape Photography." It lists November 22, 2013 as the date of first publication for the group and January 23, 2018 as the effective date of registration.

What it alleges

McGucken alleges, on information and belief, that the defendants willfully copied, reproduced, publicly displayed, and distributed the Subject Photograph for commercial benefit without authorization on Spyne's website, including a blog post at https://www.spyne.ai/blogs/car-photography-in-los-angeles, and created a derivative version incorporating additional text and graphic elements. The screen capture in the complaint shows the photograph, overlaid with the words "MULHOLLAND DRIVE," in a post headed "Best Car Photography Locations in Los Angeles." He alleges that on February 19, 2025 counsel sent Spyne a cease and desist demand and that defendants failed to meaningfully respond. (Compl. paras. 14 to 16, 20.)

Count I alleges copyright infringement against all defendants. Count II alleges vicarious and/or contributory copyright infringement against all defendants. Willfulness is alleged on information and belief. (Compl. paras. 17 to 29.)

Relief sought

The complaint asks for an injunction against infringement, including an order to remove the Subject Photograph from the defendants' websites and marketing and advertising materials, profits and losses or statutory damages under 17 U.S.C. 504 and 1203, a constructive trust, attorney's fees under 17 U.S.C. 505 and 1203, costs, interest, and further relief.