New York-based photographer Mark Seliger has actually submitted a copyright violation claim against NBCUniversal requiring millions of dollars in damages. Seliger is known for his high-quality portraits, a lot of which, according to his complaint, were recreated by NBCUniversal-owned celebrity chatter website E! without the necessary approval.
When reviewing the numerous suits filed versus pirate website operators throughout the years, it’s not uncommon to see damages claims facing the tens of millions of dollars. This is mostly due to the scale of the alleged violation and the number of copyrighted works included.
In recent years many professional photographers have also sought to implement their rights, often submitting lawsuits for a single image or video, such as in the current case versus Kendall Jenner. Nevertheless, a case simply submitted versus Comcast-owned NBCUniversal could run to pirate site-levels of damages.
Submitted in a New York district court today by Mark Seliger, the complaint (and subsequent changed grievance) declares that NBCUniversal Media-owned gossip portal Eonline.com (E!) replicated the professional photographer’s popular portraits without authorization.
” Seliger is an accomplished and critically acclaimed professional photographer. His works have actually appeared in Wanderer, GQ, Style, and Vanity Fair and he has authored many album covers, books, and short movies,” the complaint starts.
” He has also developed photography in collaboration with international brand names like Netflix, Levi’s, and Ralph Lauren. He has won numerous awards, including the Clio Grand Prix and the Cannes Lions Grand Prix, and his works are part of the irreversible collection of the National Portrait Gallery at the Smithsonian Institution in Washington, D.C., the Museum of Arts in Houston, and the National Picture Gallery in London.”
Providing lots of renowned celebrity pictures owned by the professional photographer, the problem notes page after page of URLs on Eonline.com which supposedly carry these copyrighted works, including those portraying Miley Cyrus, Ben Affleck, Leonardo DiCaprio, Brad Pitt, Nicky Minaj, Johnny Depp, Jennifer Lopez, Alec Baldwin, Jamie Dornan, Amy Schumer, Bradley Cooper, Katie Holmes, to name just a couple of.
” Accuseds, and each of them, have actually willfully copied, replicated, showed, and distributed the Subject Photography for financial advantage and without Complainant’s authorization, at and on sites bearing the URLs portrayed in Exhibition B hereto,” the complaint notes, including: “Complainant did not approval to said usage of the Subject Photography.”
Seliger alleges that the NBCUniversal-owned publication (plus Does 1-10) accessed the copyrighted works from areas such as his site and social networks, copied and then replicated them at the lots of Eonline.com URLs noted in the complaint. There are many, which indicates that this suit has the prospective, at least on paper, to become exceptionally pricey for NBCUniversal needs to the court guideline in the photographer’s favor.
Alleging “willful, deliberate and destructive” direct copyright violation, Seliger demands statutory damages of up to $150,000 per infringement. A 2nd claim for relief, declaring vicarious and/or contributory copyright violation, requires the same amount per private breach of United States copyright law.
A 3rd claim states that Seliger’s works are “consistently published with attribution, credit, and other copyright management information” which recognize him as the developer. According to the claim, the offenders eliminated this details and/or included false info prior to dispersing online the pictures online. Mentioning violations of 17 U.S.C. § 1202( a), the professional photographer needs undefined additional damages.
According to the standard in these cases, Seliger even more demands an injunction preventing the accuseds from continuing to infringe his rights plus costs, attorneys’ charges, and a trial by jury.