November 22nd, 2013

After Closing Arguments, Verdict Expected Soon in Morel v. AFP and Getty Images

 

© Daniel Morel/courtesy of Daniel Morel

© Daniel Morel/courtesy of Daniel Morel

The jury is expected to announce its verdict today in the trial to determine damages in the copyright infringement case  photographer Daniel Morel brought against Agence France-Presse and Getty Images, following yesterday’s closing arguments by lawyers for all sides in the case.

The case began when Morel alerted AFP and Getty Images that they were distributing his exclusive images of the January 12, 2010 earthquake in Haiti without his permission.  The images were published and broadcast by many news outlets. Morel did not receive payment for the almost 1,000 downloads of his images licensed by Getty and AFP, according to his attorney, Joseph Baio.

Morel sued the agencies for infringement. Federal District Court Judge Alison Nathan ruled in January that AFP and The Washington Post, which published images distributed by Getty, were liable for infringement.  The trial to determine damages began November 13 in Judge Nathan’s courtroom  in Manhattan.

Lindsay Comstock of Rangefinder covered the closing arguments  yesterday (and also spoke to Morel during a break in the proceedings about his stance against the two media giants).

As Comstock notes in her report of the day in court,  the lawyers for both AFP and Getty urged the jury to award damages based on the notion that the corporations “made mistakes” in their sale of the images.

You can read her full report of the closing arguments and see images Morel provided at the Rangefinder blog, PhotoForward.

Related Article
In TwitPic Copyright Claim, Daniel Morel Seeks $13.2 Million from AFP, Getty

AFP, Washington Post Violated Daniel Morel’s Copyrights, Judge Rules

January 15th, 2013

AFP, Washington Post Violated Daniel Morel’s Copyrights, Judge Rules

A federal court has ruled that Agence France-Press violated photographer Daniel Morel’s copyrights by distributing his images of the 2010 Haiti earthquake without permission.

The copyright infringement claims turned on whether the terms of service for Twitter, the social network that Morel used to distribute his images of the earthquake, gave AFP the legal right to download the images and re-distribute them.

“The Twitter TOS [terms of service] provides that users retain their rights to the content they post–with the exception of the license granted to Twitter and its patterns–rebutting AFP’s claim that Twitter intended to [give AFP license] to sell Morel’s photographs,” the court said. On that basis, it concluded that AFP was liable for copyright infringement.

The court also found The Washington Post, which published the images, liable for infringement.

But the court declined to rule on whether the infringement was willful, or whether Getty Images–which also distributed Morel’s photographs–is liable for infringement. The judge left those questions for a jury to decide. See our story on PDNonline for more details about the ruling.

--David Walker

Related Articles
Morel Wins Pre-Trial Victory Against AFP, Getty

Morel Releases More Evidence Against AFP, Getty in Copyright Case

Insult to Injury: AFP Suing Photographer It Stole Images From  (for PDN subscribers)

Morel Case Highlights Copyright Risks on Social Networks (for PDN subscribers)