istock-610259354_marioguti
23 June 2017Copyright

Photographer sues Time for unauthorised use of photo

A New York based photographer has accused media company Time of copyright infringement, after the Spanish ‘People’ website allegedly used his photo without permission.

The case was filed by Richard Miller at US District Court for the Southern District of New York on Wednesday June 21.

He claims that People Espanol, the Spanish website for the American weekly People magazine, used his picture of Judge Sheila Abdus Salaam on a stretcher as part of its article on her death.

Judge Salaam, who was the first African-American to be appointed to New York’s highest court, was found dead in April. The New York Police Department closed the investigation last month, citing “likely suicide”.

The photograph has a pending application with the US Copyright Office and was given pending number 1-4855712079, according to the claim.

“As a direct and proximate cause of defendant’s infringement of plaintiff’s copyright and exclusive rights under copyright, plaintiff is entitled to recover his damages and defendant’s profits,” he said in the claim.

“Alternatively, plaintiff is entitled to statutory damages up to $150,000 per work infringed for defendant’s willful infringement of the photograph.”

Miller is also seeking for Time to account for all profits, income, receipts, or other benefits derived as a result of its “unlawful conduct”, attorneys’ fees and a jury trial.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox

Today’s top stories:

PTAB denies review of Gillette patent

Encrypted messaging and technology continues to assist IP crimes, says report

AG comes out in favour of Louboutin ahead of CJEU TM case

Jones Day adds two partners to IP practice

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk