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Shutterstock may have ripped-off McGucken’s work

INDEX OF ELLIOT McGUCKEN POSTS
1. 02-03-2021: BAIT AND SUE: The Dark Art of Copyright Trolling
2. 07-24-2022: BAIT AND SUE: Elliot McGucken wants you to steal his photos
3. 07-27-2022: McGucken Copyright Infringement Lawsuit Index
4. 07-28-2022: Shutterstock may have ripped-off McGucken’s work
5. 07-30-2022: McGucken goes wild with Nat Geo lawsuit
6. 08-02-2022: Where does Plaintiff McGucken ever collect any money from his lawsuits?
7. 08-03-2022: McGucken’s Death Valley Photos Stay Alive in Appellate Court
8. 08-06-2022: RULE 60(b) Relief from McGucken Default Judgment
9. 08-08-2022: McGucken’s Lawyer’s Are Happy

Elliot McGucken v Shutterstock Copyright Infringement Lawsuit

The allegations in the McGucken v Shutterstock copyright litigation are eye-popping. It appears as if Shutterstock, Inc. or its’ subcontractor photographers, may have actually perpetrated a large scale unlicensed misappropriation of Dr. McGucken’s photographs. Not only that, Shutterstock may have also ripped-off other photographers. Here is Exhibit A from McGuckin’s Complaint.

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Shutterstock has been sued by other photographers for copyright infringement

This letter indicates that Shutterstock has been sued by other photographers for copyright infringement. Now I will research if any of these other photographers ever obtained money judgments against defendant Shutterstock.

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McGucken v Shutterstock Copyright Claim – U.S. District Court Docket

Date Filed#Docket Text
02/02/20221 COMPLAINT against DOES 1-10, Shutterstock, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25677207)Document filed by Elliot McGucken. (Attachments: # 1 Exhibit Exhibit 1 Part A, # 2 Exhibit Exhibit 1 Part B, # 3 Exhibit Exhibit 1 Part C).(Burroughs, Scott) (Entered: 02/02/2022)
02/02/20222 AO 121 FORM COPYRIGHT – NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: # 1 AO 121 pg. 2 con’t).(Burroughs, Scott) (Entered: 02/02/2022)
02/02/20223 CIVIL COVER SHEET filed..(Burroughs, Scott) (Entered: 02/02/2022)
02/02/20224 FILING ERROR – DEFICIENT SUMMONS REQUEST As To – REQUEST FOR ISSUANCE OF SUMMONS as to Shutterstock, Inc., DOES 1-10, re: 1 Complaint. Document filed by Elliot McGucken..(Burroughs, Scott) Modified on 2/3/2022 (sj). (Entered: 02/02/2022)
02/02/20225 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elliot McGucken..(Burroughs, Scott) (Entered: 02/02/2022)
02/03/2022 NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Alan Burroughs. The party information for the following party/parties has been modified: Elliot McGucken v Shutterstock copyright, Does 1-10. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (sj) (Entered: 02/03/2022)
02/03/2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) (Entered: 02/03/2022)
02/03/2022 Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) (Entered: 02/03/2022)
02/03/2022 Case Designated ECF. (sj) (Entered: 02/03/2022)
02/03/2022 NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Scott Alan Burroughs re: Document No. 2 AO 121 Form Copyright – Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 121 McGucken v Shutterstock Copyright form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (sj) (Entered: 02/03/2022)
02/03/20226 AO 121 FORM COPYRIGHT – CASE OPENING – SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (sj) (Entered: 02/03/2022)
02/03/2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong parties as to whom the summons request is for was selected. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process – select the correct filer/filers – and attach the correct summons form PDF. (sj) (Entered: 02/03/2022)
02/03/20227 REQUEST FOR ISSUANCE OF SUMMONS as to SHUTTERSTOCK, INC., re: 1 Complaint,. Document filed by Elliot McGucken..(Burroughs, Scott) (Entered: 02/03/2022)
02/03/20228 NOTICE OF INITIAL PRETRIAL CONFERENCE: DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: May 31, 2021. DATE AND TIME OF CONFERENCE: April 7, 2022 at 4:30 p.m. The conference will be conducted by telephone. SO ORDERED. (Telephone Conference set for 4/7/2022 at 04:30 PM before Judge Gregory H. Woods. Initial Conference set for 4/7/2022 at 04:30 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 2/3/2022) (mml) (Entered: 02/04/2022)
02/15/20229 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-07100 (AKH). Document filed by Elliot McGucken..(Burroughs, Scott) (Entered: 02/15/2022)
02/16/202210 ORDER RE: STATEMENT OF RELATEDNESS. Statements of Relatedness have been filed in 21-CV-7100 (AKH) George Steinmetz v. Shutterstock, Inc. et al., and 22-CV-905 (GHW) Elliot McGucken v Shutterstock copyright, Inc. et al. The presiding judges in both cases believe that the cases are not similar, and each of the cases will proceed under their separate tracks. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/16/22) (yv) (Entered: 02/16/2022)
03/28/202211 LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Eleanor M. Lackman dated March 28, 2022. Document filed by Shutterstock, Inc…(Lackman, Eleanor) (Entered: 03/28/2022)
03/28/202212 ORDER denying 11 Letter Motion to Adjourn Conference. Defendant’s request to adjourn the pre-trial conference in this case is denied. (Signed by Judge Gregory H. Woods on 3/28/2022) (rro) (Entered: 03/29/2022)
03/31/202213 NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Elliot McGucken..(Zaharia, Laura) (Entered: 03/31/2022)
03/31/202214 LETTER addressed to Judge Gregory H. Woods from Scott Burroughs dated March 31, 2022 re: Joint Letter for Use at Initial Pretrial Conference. Document filed by Elliot McGucken. (Attachments: # 1 Exhibit Proposed Case Management Plan).(Burroughs, Scott) (Entered: 03/31/2022)
04/07/202215 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Counsel for the parties have conferred and their present best estimate of the length of trial is 2-4 days. Status Conference set for 10/6/2022 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 4/7/2022) (rro) Modified on 4/8/2022 (rro). Modified on 4/12/2022 (rro). (Entered: 04/08/2022)
04/07/2022 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 4/7/2022. (Court Reporter present) (wv) (Entered: 04/14/2022)
04/11/202216 ANSWER to 1 Complaint,. Document filed by Shutterstock, Inc…(Lackman, Eleanor) (Entered: 04/11/2022)
04/29/202217 FIRST AMENDED COMPLAINT amending 1 Complaint, against Does 1-10, Shutterstock, Inc. with JURY DEMAND.Document filed by Elliot McGucken. Related document: 1 Complaint,. (Attachments: # 1 Exhibit 1 (Part A), # 2 Exhibit 1 (Part B), # 3 Exhibit 1 (Part C), # 4 Exhibit 2).(Burroughs, Scott) (Entered: 04/29/2022)
05/13/202218 ANSWER to 17 Amended Complaint,. Document filed by Shutterstock, Inc…(Lackman, Eleanor) (Entered: 05/13/2022)
05/17/202219 LETTER MOTION for Leave to File Proposed Order addressed to Judge Gregory H. Woods from Eleanor M. Lackman dated 05/17/2022. Document filed by Shutterstock, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Protective Order).(Lackman, Eleanor) (Entered: 05/17/2022)
05/18/202220 ORDER denying 19 . The parties’ May 17, 2022 request that the Court enter the proposed protective order, Dkt. No. 19, is denied without prejudice. The parties have not identified the categories of documents to which the “Highly Confidential-Attorneys’ Eyes Only” designation will apply. As drafted, that more highly protective category can be applied indiscriminately to all documents to which a confidential designation would apply, rather than to some subset of “highly confidential” information. If the parties wish to resubmit their request, they should specify the criteria for the designation of “highly confidential” documents. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv) (Entered: 05/18/2022)
05/18/202221 NOTICE OF APPEARANCE by Elaine Nguyen on behalf of Shutterstock, Inc…(Nguyen, Elaine) (Entered: 05/18/2022)
06/28/202222 LETTER MOTION for Leave to File Proposed Order addressed to Judge Gregory H. Woods from Eleanor M. Lackman dated June 28, 2022. Document filed by Shutterstock, Inc.. (Attachments: # 1 Text of Proposed Order – Proposed Protective Order).(Lackman, Eleanor) (Entered: 06/28/2022)
06/29/202223 ORDER denying 22 . Defendant’s June 28, 2022 request that the Court enter the proposed protective order, Dkt. No. 22, is denied without prejudice. Defendant has not provided the Court with a clean copy of the protective order to be entered. If Defendant wishes to renew its request, it should ensure that it provides such a copy. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv) (Entered: 06/29/2022)
06/29/202224 LETTER MOTION for Leave to File Proposed Order addressed to Judge Gregory H. Woods from Eleanor Lackman dated 06/29/2022. Document filed by Shutterstock, Inc.. (Attachments: # 1 Text of Proposed Order Redline Proposed Protective Order, # 2 Text of Proposed Order Signed Executed Proposed Order).(Lackman, Eleanor) (Entered: 06/29/2022)
06/30/202225 ORDER. The Court has received the parties’ proposed June 29, 2022 order. Paragraph 20 of that order provides the following: “For the avoidance of doubt, any documents marked as ‘Confidential’ or’Highly Confidential Attorneys’ Eyes Only’ shall have full force and effect in this Action under this Protective Order, if marked as such in any proceeding, formal or informal, involving McGucken v Shutterstock copyright claims.” No later than July 9, 2022, the parties are directed to submit a letter explaining the intended meaning and effect of this provision, and specifically, whether the parties expect that the order of this Court will be treated as if issued by a court supervising any other action, as the language seems to suggest, and if so, the basis for the Courts authority to issue orders in those cases. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 06/30/2022)
06/30/202226 MOTION for Leo M. Lichtman to Withdraw as Attorney . Document filed by Shutterstock, Inc…(Lackman, Eleanor) (Entered: 06/30/2022)
07/01/202227 LETTER addressed to Judge Gregory H. Woods from Scott Alan Burroughs dated July 1, 2022 re: First Request to Extend Discovery Deadlines. Document filed by Elliot McGucken..(Burroughs, Scott) (Entered: 07/01/2022)
07/03/202229 MEMO ENDORSEMENT granting 26 Motion to Withdraw as Attorney. ENDORSEMENT: Leo M. Lichtman is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to terminate Mr. Lichtman from the list of active counsel in this case. (Signed by Judge Gregory H. Woods on 7/3/2022) (rro) (Entered: 07/05/2022)
07/05/202228 ORDER. The Court will hold a conference to discuss the parties’ July 1, 2022 request for an extension of discovery deadlines, Dkt. No. 27, on July 11, 2022 at 3:00 p.m. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 07/05/2022)
07/05/202230 LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Eleanor M. Lackman dated July 5, 2022. Document filed by Shutterstock, Inc…(Lackman, Eleanor) (Entered: 07/05/2022)
07/06/202231 ORDER granting 30 . Defendant’s July 5, 2022 request for an adjournment of the conference currently scheduled for July 11, 2022, Dkt. No. 30, is granted. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv) (Entered: 07/06/2022)
07/08/202232 LETTER addressed to Judge Gregory H. Woods from Eleanor M. Lackman dated July 8, 2022 re: Response to Plaintiff’s Request to Enlarge Discovery Period (ECF No. 27). Document filed by Shutterstock, Inc…(Lackman, Eleanor) (Entered: 07/08/2022)
07/08/202233 JOINT LETTER addressed to Judge Gregory H. Woods from Eleanor M. Lackman and Scott Alan Burroughs dated July 8, 2022 re: Proposed Stipulated Protective Order. Document filed by Shutterstock, Inc…(Lackman, Eleanor) (Entered: 07/08/2022)
07/08/202234 ORDER. The Court will address the issues in the parties’ July 8, 2022 letter, Dkt. No. 33, during the conference currently scheduled for July 13, 2022. See Dkt. No. 31. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 07/08/2022)
07/11/202235 LETTER addressed to Judge Gregory H. Woods from Scott Alan Burroughs, Esq. dated July 11, 2022 re: Discovery Dispute – Pre-Motion Letter. Document filed by Elliot McGucken. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Burroughs, Scott) (Entered: 07/11/2022)
07/13/202237 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Status Conference set for 12/6/2022 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 7/13/2022) (va) (Entered: 07/14/2022)
07/13/2022 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/13/2022. (Court Reporter present) (wv) (Entered: 07/14/2022)
07/14/202236 ORDER. As discussed during the teleconference held on July 13, 2022, Plaintiff’s request for an extension of the discovery schedule, Dkt. No. 27, is granted. The Court expects and revised proposed protective order to be filed for the Court’s endorsement no later than July 21, 2022 (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 07/14/2022)
07/18/202238 LETTER MOTION for Leave to File Proposed Order addressed to Judge Gregory H. Woods from Eleanor M. Lackman dated July 18, 2022. Document filed by Shutterstock, Inc.. (Attachments: # 1 Text of Proposed Order – blackline, # 2 Text of Proposed Order – clean copy).(Lackman, Eleanor) (Entered: 07/18/2022)
07/18/202239 ORDER. The Court has received the parties’ July 18, 2022 proposed protective order. The parties are directed to submit a redline comparing that proposed order with the template protective order available on the Court’s website no later than July 20, 2022. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/18/22) (yv) (Entered: 07/19/2022)
07/19/202240 LETTER MOTION for Leave to File Proposed Order addressed to Judge Gregory H. Woods from Eleanor M. Lackman dated July 19, 2022. Document filed by Shutterstock, Inc.. (Attachments: # 1 Text of Proposed Order – revised blackline, # 2 Text of Proposed Order – clean copy).(Lackman, Eleanor) (Entered: 07/19/2022)
Evidently McGucken has never actually collected money in any of his copyright lawsuits. He has only recovered money by way of confidential settlements with defendants.

All settlements are always confidential pursuant to statute. As far as litigation, McGucken has only obtained one money judgment but apparently has never actually collected any funds from default debtor defendant DMI Holdings. Here is McGucken’s New York sister state foreign registration of his California default judgment against DMI Holdings. If and when McGucken ever actually collects any money the information will be posted here.

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By Dean McAdams

Born a poor peckerwood in a Tujunga holler, Dean practiced secrets of the ancient & modern masters to end up liberated in the coastal paradise of West L.A.