NFL star enters copyright battle with photo agency
National Football League star Odell Beckham is suing (pdf) Splash News and Picture Agency, after the company had demanded copyright royalties from the wide receiver.
Beckham filed a lawsuit on Thursday, February 1 at the US District Court for the Eastern District of Louisiana, claiming that he is not liable for infringement.
Photographer Miles Diggs, who is also being sued by Beckham, took a photo of the New York Giants wide receiver without his knowledge following an ankle operation. The image was licensed by Splash to celebrity gossip websites such as TMZ and news publication the Daily Mail.
After Beckham posted the image on his Instagram account, Splash demanded that he pay $40,000 for copyright infringement on January 15.
The images were taken around October 14, 2017 and “clearly demonstrate that Diggs secretly shot the photos through a gate at Beckham’s private New Jersey residence, with the aid of a telephoto lens, and without Beckham’s knowledge or permission”, Beckham claimed.
Beckham also said that there is nothing creative or distinctive about the images.
Upon obtaining the images Splash filed a copyright registration application with the US Copyright Office.
Beckham said: “Splash’s licensing of photographs of an injured Beckham not only exploits Beckham’s image for personal financial gain but it is also patently gruesome”.
According to Beckham, the only reason the images have any value is because they depict Beckham, even though he received no compensation from Diggs or Splash.
Splash’s demand of payment from Beckham was described as “shocking, reeks of bad faith, and emphasises the utterly troll-ish behaviour of Diggs and Splash”.
Beckham is fighting Splash’s allegations of copyright infringement, denying that Splash and Diggs are entitled to any amount of compensation.
He is also seeking damages.
Splash also recently filed a lawsuit against singer and actress Jessica Simpson for copyright infringement after she posted images of herself on her social media accounts.
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