NEW ORLEANS — A photographer recently filed a federal suit accusing a Louisiana-based entertainment company of using his copyrighted photo of singer-songwriter Macy Gray on its website without giving the photographer credit.
Indiana photographer Larry G. Philpot filed a suit Oct. 1 in the U.S. District Court for the Eastern District of Louisiana against Scene Entertainment alleging the entertainment company violated copyright law. He also alleges Scene Entertainment has damaged his reputation as a professional photographer.
According to the complaint, a Louisiana website ran by Scene Entertainment used and displayed Philpot's photograph of Gray to promote a jazz festival.
Philpot, who registered the photo with the U.S. Copyright Office with a creative common license, claims the entertainment company intentionally used the photograph and he did not receive credit for it. Philpot asserts the photo was published and copied without his consent or licensure.
The complaint also alleges that since no credit was given on the website the displayed photograph, viewers were led to think that the photo is in the public domain and it can be used without permission elsewhere without giving any due credit to Philpot.
Philpot is requesting that Scene Entertainment try to track down any third party companies that may have gained access to the copyrighted photo, according to the complaint.
Philpot is seeking damages, defendant's profits from the use of the photo, statutory damages for copyright infringement, prejudgment interest and any other relief that the court sees fit.
Philpot is being represented by Sarah M. Kalis of Scott Vicknair Hair & Checkis LLC out of New Orleans.