NEW ORLEANS – A photographer is seeking damages against Massey’s Sports Center over what he alleges is the unauthorized usage of his photos.
Stephen Matera filed a lawsuit on Feb. 1 in the U.S. District Court for the Eastern District of Louisiana against Massey’s Sports Center Inc., doing business as Massey’s Professional Outfitters, and Does 1-5, citing direct copyright infringement.
According to the complaint, Matera is a professional photographer based in Seattle, Washington with 15 years of experience. He alleges to be the author and exclusive owner of all copyright rights in and to the original photograph of a pair of silhouetted hikers walking at sunset near Kool Aid Lake in Washington. The image in contention has an ID of dhb8-10-1, the suit states. Matera claims that his photograph was used without his permission in May 2015 on the defendant’s website and Facebook page. He alleges that as of Jan. 21, the photograph in question was still prominently displayed on defendant’s site and social media page.
Matera further claims that the defendant has used the photo on various emails and marketing campaigns. On or about Oct. 19, 2015, Matera allegedly sent defendants a cease and desist letter with no response. He allegedly sent another notice on Dec. 7, 2015, and, after unsuccessful attempts to resolve the matter, is now seeking the court’s help.
He is suing for actual and compensatory damages, statutory damages, pre- and post-judgment interests, cost of suit, and any other reward deemed just by the court. He is represented by Wesley Garten of Garten Law LLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana case number 2:16-CV-00878-MLCF-KWR