For the second time in two months, Jana Romanova is suing VICE Media for the unauthorized use of a photo from her series “Waiting.”
In a lawsuit filed March 13 in the Eastern District of New York, Romanova alleges that VICE infringed her copyright when it published a photo from her series on expectant parents asleep in bed. The image appeared at the top of an article “L’Amour Est Fou” (Love is Strange) posted on the VICE Media website Motherboard on February 14. According to Romanova’s lawsuit, VICE did not license the photo or seek her permission to use the image, which has been registered with the Copyright Office.
In November, Romanova sued VICE for infringement and violation of the Digital Millennium Copyright Act (DMCA) for publishing another one of her photos of a pregnant woman asleep beside her partner with an article titled “What It’s Like to Be a Millennial in a Sexless Relationship.” According to Romanova’s lawyer, Richard Liebowitz, VICE settled that case, but the terms of the settlement are confidential.
Liebowitz believes that a judge evaluating the latest lawsuit will consider previous cases of infringement by the defendant. “As a result of the second infringement, the damages should be significantly higher,” he says.
VICE has not yet filed a response to Romanova’s new claim.
Photographer Sues Vice Unauthorized Use Expectant Couple
Danny Clinch filed suit in federal court in New York June 2, alleging multiple copyright infringements of two of his photographs of late rap artist Tupac Shakur. The photographs were allegedly reprinted and distributed on T-shirts without permission. Clinch, a noted music photographer, names five defendants, including an agent for Shakur’s estate, two merchandise manufacturers,... More ›
Missoula, Montana-based photographer Erika Peterman is suing The Republican National Committee (RNC) for willful copyright infringement. The suit, filed in Montana District Court earlier this week, alleges the RNC used without permission a Peterman photograph of Rob Quist, the Democratic candidate in a special election to fill Montana’s seat in the U.S. House of Representatives.... More ›
A federal jury in Maryland has awarded $900,000 in actual damages to an Oregon-based plant retailer for its claims against a competitor over unauthorized use of two dozen copyrighted images. The jury verdict, delivered last week, also included a $300,000 statutory damages award, but the plaintiff may elect one jury award or the other (not... More ›