Seven photographer are suing the National Football League and two image distributors–Getty Images and Associated Press (AP)–for copyright infringement over widespread use of their images in NFL ads, products and promotions without fair compensation, according to an October 21 report from Courthouse News Service.
The lawsuit, filed in federal court in New York, is a legal tangle because Getty and AP represented the photographers, and were authorized to license their work at the time of the alleged infringements. But the case boils down to allegations that Getty and AP breached their fiduciary duty to the photographers because of conflicts of interest.
Both distributors had incentive to curry favor with the NFL in order to gain and hang onto an exclusive contract to license images of NFL events to third parties for commercial use. Getty won the contract in 2007, then lost the contract to AP in 2009.
According to the lawsuit, the photographers “recently discovered that both Getty Images and AP granted the NFL nearly unfettered access to plaintiffs’ photo collections and, either expressly or by inaction, allowed the NFL to make free or ‘complimentary’ use of plaintiffs’ copyrighted photos.”
According to the Courthouse News Service report, the photographers are also accusing Getty of using bare-knuckle tactics to keep them from moving their images to AP, after AP won the exclusive NFL contract in 2009. Specifically, the plaintiffs allege that Getty threatened to stop marketing all of their sports images–including Major League Baseball photos–for commercial use, if the photographers moved their NFL images to AP.
Photographer Paul Spinelli is the lead plaintiff in the case. The other photographer plaintiffs are Paul Jasienski, David Stluka, Thomas E. Witte, David Drapkin, George Newman Lowrance and Scott Boehm.
AP and Getty both declined PDN’s request to comment about the lawsuit.
Six journalists, including a freelance photographer and a documentary producer, are facing felony rioting charges following their arrests while covering protests during the presidential inauguration, The Guardian has reported. If convicted, the journalists face up to ten years in jail and fines of up to $25,000. Journalists arrested at the January 20 protests in Washington,... More ›
Photographer Jim Lo Scalzo says Representative Louie Gohmert covered his camera when he tried to photograph demonstrators at the Senate confirmation hearings for Jeff Sessions, the nominee for Attorney General. Lo Scalzo, a photographer with European Pressphoto Agency (EPA), was standing near the door where Capitol Police removed the protesters when “all of a sudden... More ›
Terms of service. Unless you’re a masochist or a lawyer (but I repeat myself), you’ve probably never read them. Most of us impatiently click “accept” on our way to signing up for whatever it is we want to divulge our personal information to want to use. In the case of photo-oriented services like Instagram, accepting... More ›