Photog Jana Romanova Sues VICE for Copyright Infringement: Again.

Posted by on Friday March 31, 2017 | Copyright/Legal

An image by Romanova on the VICE website Motherboard.

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 settled with Romanova after she sued for unauthorized use of this image in November.

VICE settled with Romanova after she sued for unauthorized use of this image in November.

VICE has not yet filed a response to Romanova’s new claim.

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