University of Chicago Faces Copyright Suit Over Single Image
The dispute at the center of this case involves a single professional photograph: a compass resting on a map. The image was created by photographer Liliya Krivorychko (“Krivorychko”), who in 2018 entered into a written agreement transferring her exclusive rights to Marco Verch (“Verch”), a German photographer who actively monitors the internet for unauthorized use of images in his portfolio. After discovering that the University of Chicago (the “University”) had displayed the photograph on one of its web pages, Verch sent a written notice in April 2024. When the matter was not resolved, he filed suit.
On February 23, 2026, Verch filed a Complaint in the U.S. District Court for the Northern District of Illinois, alleging copyright infringement. The Complaint alleges that the University displayed the photograph, titled “The-compass-lies-on-the-map--Terrain-orientation-concept” (the “Work”), on its website, social media, and/or printed materials for promotional purposes without ever obtaining a license or permission. The Work was registered with the U.S. Copyright Office prior to filing, which is required before a photographer can bring a copyright lawsuit in federal court. Verch acquired the Work through a written agreement with Krivorychko, with a 2020 amendment transferring sole and exclusive ownership of the copyright to him, forming the basis of his standing to bring the lawsuit.
The University’s Answer, filed on April 16, 2026, adds an interesting wrinkle. Rather than pulling the image from a random website, the University says it obtained the photograph through its Microsoft Office 365 subscription. The image also did not appear on the University’s main website. According to the Answer, the screenshot in Verch’s exhibit shows a single cropped capture from a conference registration page for the Graham School of Continuing Liberal and Professional Studies, not a broad marketing campaign across the University’s main site. These details significantly reframe the picture Verch painted in his Complaint.
On willfulness, Verch points to a copyright disclaimer on the University’s website as evidence that the University understands how copyright works. There is one problem with that argument: the disclaimer Verch cited belongs to Circle City Broadcasting, not the University of Chicago. The University flatly denies the willfulness allegation.
The University has asserted eleven affirmative defenses, several of which stand out. First, as a nonprofit educational institution, the University argues it had reasonable grounds to believe its use of the Work was permissible under the fair use doctrine. If accepted, that defense could eliminate the possibility of statutory damages altogether. The University also argues the alleged infringement was too minor and incidental to constitute a copyright violation, and separately raises unclean hands, unreasonable delay in filing suit, and a challenge to whether Verch actually holds a valid copyright registration in the Work.
Verch is seeking a declaration of infringement, a permanent injunction, actual damages and disgorgement of profits, and attorneys’ fees and costs. The University is asking the court to dismiss the case with prejudice and award it its own fees. The court has set a discovery schedule running through October 2026, and a magistrate judge has been assigned to oversee discovery and explore the possibility of settlement. No ruling on the merits has been issued. We will continue to monitor the case and report on significant developments as they arise.