Photographer Wins Copyright Lawsuit After Website Used His Creative Commons Image

by | Mar 15, 2024 | PetaPixel

Featured images: Photographer Larry Philpot’s image of Ted Nugent (left) and Independent Journal Review’s usage of the photo (right) without the proper credit to the photographer.

Cross-posted from [by Pesala Bandara]

A photographer has emerged victorious after suing a website for using his Creative Commons image without the proper credit.

In 2016, news website Independent Journal Review posted concert photographer Larry Philpot’s image of musician Ted Nugent in an article.

Philpot had registered the 2013 photograph of Nugent with the U.S. Copyright Office as part of unpublished works.

He had also published the photo on Wikimedia Commons under a “Creative Commons” license that specified anyone could use the photo for free as long as they provided attribution to the photographer.

Independent Journal Review published Philpot’s creative commons photo of Nugent in an article titled “15 Signs Your Daddy was a Conservative” under the fifth sign which was that “He hearts ‘The Nuge’.”

A Creative Commons Image Used Without The Proper Credit

However, Independent Journal Review’s article did not include Philpot’s required attribution for the Creative Commons image — meaning its use was outside the scope of the free-to-use license.

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