Carlos Vila sues ViaVia Corporation over a photograph posted on Instagram

The complaint

Carlos Vila v. ViaVia Corporation, No. 2:26-cv-09818 (C.D. Cal.), is a twelve-page complaint filed September 2, 2026, ECF No. 1, with a jury demand.

The photograph

Vila, a photographer based in Kings County, New York, alleges he photographed an English singer-songwriter, first published the photograph on September 5, 2023, and registered it on December 4, 2023, as VA 2-377-756.

What it alleges

The complaint alleges that ViaVia, based in West Hollywood, owns and operates the viavia.live Instagram account and uses it to advance its business, and that on or about March 15, 2025 it reproduced and displayed the photograph in an Instagram post without permission. It alleges Vila first observed the post on April 7, 2025. Several allegations about ViaVia's knowledge and policies are made on information and belief. The single cause of action pleads direct copyright infringement under 17 U.S.C. § 501.

Vila seeks actual damages and profits under 17 U.S.C. § 504(b) or, at his election, statutory damages under 17 U.S.C. § 504(c), an injunction under 17 U.S.C. § 502(a), attorneys' fees and costs under 17 U.S.C. § 505, and interest.

Default

A proof of service was filed on October 5, 2026. Vila asked the clerk to enter default on October 20, 2026, and the clerk entered ViaVia's default on October 21, 2026.