ASMP — American Society of Media Photographers

Jury Awards $900K in Marketing Photo Copyright Case

Cross-post from pdnpulse.pdnonline.com

[by David Walker]

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 both) under copyright law.

Under a Foot Plant Co., owner of a product line of perennial plants called Stepables, sued competitor Exterior Design, Inc. in 2014 for unauthorized use of 24 photographs. The images were created by Under a Foot president Frances White for use in marketing materials for Stepables.

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