Harley-Davidson embroiled in photo copyright dispute
A US photographer has sued Harley-Davidson and claimed that the motorcycle brand doctored a photograph she had taken and used it without her permission.
The photograph, taken by Lisa Michael, shows an African American biker posing on a Harley-Davidson branded bike.
It was used by the company in its advertising campaign called ‘Iron Elite’—which honours African American riders.
But in a complaint filed at the US District Court for the Eastern District of North Carolina on Tuesday, July 21, Michael claimed that the photo was used without her permission.
She claimed it was doctored so that a watermark showing that the photograph’s copyright belonged to her was removed.
Michael, who took the photograph in September last year, licensed its use to Ray Price Harley-Davidson, a Harley-Davidson dealership in Raleigh, North Carolina, for “limited online advertising”.
However, she claims she never granted a licence to Harley-Davidson’s corporate headquarters to use it. The Ray Price dealership was not named as a defendant.
According to the complaint, “sometime after September 2014” Harley-Davidson began using an unauthorised copy of the photograph.
“Defendant removed or caused the removal of the digital watermark and authorship notices from the work in an attempt to hide the fact that it came from plaintiff,” Michael’s complaint said.
“Defendant’s conduct in removing plaintiff’s identifying digital label was intentionally devised to deceive consumers and to pass off plaintiff’s photograph as being that of defendant,” it added.
According to Michael, Harley-Davidson’s infringing actions through the ‘Iron Elite’ campaign include producing and selling a promotional patch that features a version of the photograph, and republishing it on various websites and social media sites.
Michael also accused Harley-Davidson of false designation of origin, unfair and deceptive trade practices, and unfair competition.
The plaintiff, who is demanding a trial by jury, is seeking damages and attorneys’ fees.
Harley-Davidson declined to comment.
