Time Inc in breast pump photo copyright row

17-02-2017

Time Inc in breast pump photo copyright row

anouchka / iStockphoto.com

US publisher Time Inc has been ensnared in a copyright row centring on a photograph featuring a breast pump.

Award-winning photographer Michael Grecco brought the copyright infringement claim against Time Inc at the US District Court for the Central District of California on Tuesday, February 14.

Grecco accused (pdf) the publisher of using the image on its story “Pumping sucks. New breast pump aims to make expressing milk comfy”, published in 2010.

According to the claim, Grecco took the photo in 2000 and it is registered at the US Copyright Office.

He claimed that Time Inc has obtained direct and indirect profits it would not have otherwise obtained, adding that the infringement was “wilful, intentional and malicious”.

Grecco is seeking injunctive relief, an award of profits, attorneys’ fees, statutory damages and a jury trial.

Stephen Doniger, founder of law firm Doniger/Burroughs and representative of Grecco, said: "Michael is a strong advocate for artist rights and takes the unauthorised use of his work seriously."

He added that it was unfortunate the claim has proceeded to litigation, but it is "not acceptable" that a major publication which "should know better" has infringed his work and now "refuses to offer fair compensation".

Last year, WIPR reported that the publisher had been targeted in a copyright lawsuit by New York-based photo journalist Paul Martinka.

He had accused Time Inc of unauthorised reproduction and public display of two photos of former 2016 Republican presidential hopeful John Kasich eating pizza.


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Time Inc, copyright, copyright infringement, breast pump, Michael Grecco, photography

WIPR