American photographer and director Elizabeth Waterman has filed a copyright infringement case against Apple inc. Two of her officially registered photos were presented on Apple Music's website without her permission or payment.  

The Work at Issue in this Lawsuit 

The First Photograph: In 2018, Plaintiff created a professional photograph of a stripper performing at Club W titled “146_ClubW_August2018_321”, referred to as the "First Photograph," as presented below.  The First Photograph was registered by Plaintiff with the Register of Copyrights on February 25, 2019 and was assigned Registration No. VAu 1-348- 543.

The Second Photograph: In 2019, Plaintiff created a professional photograph of a shattered CD titled “Getty-PhotoLibrary-Waterman-128095414-1024x1024.” (the “Second Photograph”). A copy of the Second Photograph is displayed above. Note that under the "Getty Images" logo is the owner of the image, Elizabeth  Waterman, the one filing this copyright infringement case through her lawyers at "Copycat Legal."

Defendant’s Unlawful Activities

Defendant is a multinational technology company that is best known for its electronics, software programs and digital services, including Apple Music. 18. Defendant hosts digital media including music, music videos, audio books and podcasts through its online website and application.

On multiple dates after each photograph comprising the Work was registered, one or more of Defendant’s users caused each photograph comprising the Work to be displayed/published on Defendant’s application/website platform.

Following discovery of the photographs comprising the Work on Defendant’s website/application, Plaintiff fully complied with 17 U.S.C. § 512 by sending multiple Digital Millennium Copyright Act (the “DMCA”) takedown notices to Defendant through its designated agent.

Notwithstanding Plaintiff’s multiple attempts (over a period of months) to get Defendant to take down the unauthorized use of the Work, Defendant failed and/or refused to remove the First Photograph from its website/social media app. With respect to the Second Photograph, Defendant only caused such to be taken down after several months and multiple communications from Plaintiff.

Copyright Infringement

The following is the copyright infringement complaint in-Part

"Each photograph comprising the Work is an original work of authorship, embodying copyrightable subject matter, that is subject to the full protection of the United States copyright laws (17 U.S.C. § 101 et seq.).

Plaintiff owns a valid copyright in each photograph comprising the Work, having registered the Work with the Register of Copyrights and owning sufficient rights, title, and interest to such copyright to afford Plaintiff standing to bring this lawsuit and assert the claim(s) herein.

As a result of Plaintiff’s reproduction, distribution, and public display of the Work, Defendant had access to the Work prior to its own reproduction, distribution, and public display of the Work on its website, webpage, and/or social media.

Defendant reproduced, distributed, and publicly displayed the Work without authorization from Plaintiff.

By its actions, Defendant infringed and violated Plaintiff’s exclusive rights in violation of the Copyright Act, 17 U.S.C. § 501, by reproducing, distributing, and publicly displaying the Work for its own commercial purposes.

Alternatively, to the extent Defendant did not directly infringe Plaintiff’s rights in the Work, Defendant is liable for vicarious infringement.

Defendant has the right and ability to control the infringing acts of its users yet declined or failed to stop its users from engaging in its infringing activity.

Defendant has a direct financial interest in the profits from the infringing activity. A direct financial interest can involve increased traffic.

Additionally, Defendant is registered under the Digital Millennium Copyright Act (“DMCA”) and thus, Defendant clearly understands that professional photography such as the Work is generally paid for and cannot simply be copied from the internet.

Plaintiff has been damaged as a direct and proximate result of Defendant’s infringement.

Plaintiff is entitled to recover her actual damages resulting from Defendant’s unauthorized use of the Work and, at Plaintiff’s election (pursuant to 17 U.S.C. § 504(b)), Plaintiff is entitled to recover damages based on a disgorgement of Defendant’s profits from infringement of the Work, which amounts shall be proven at trial.

Defendant’s conduct has caused, and any continued infringing conduct will continue to cause, irreparable injury to Plaintiff unless enjoined by the Court. Plaintiff has no adequate remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiff is entitled to a permanent injunction prohibiting infringement of Plaintiff’s exclusive rights under copyright law." For full details, review the Scribd document below. 

   Patently Apple Legal File by Jack Purcher on Scribd