Photographer Sues University Hospital for Alleged Use of Photograph
Mark Touhey (“Touhey”) has filed a suit against Staten Island University Hospital (the "Hospital”) for alleged copyright infringement, due to the unauthorized use of a photograph owned by Touhey on the Hospital’s website. According to his Complaint, Touhey is a professional photographer from Queens County, New York, and maintains a principal business in the State. Touhey has created a portfolio of original photographs, which he commercially licenses as its legal and rightful owner. The Defendant is a University Hospital designated as a not-for-profit corporation operating in Staten Island, New York.
Touhey is alleging that without permission or authorization from him, the Hospital copied and displayed the photograph on their website, which Touhey claimed played a key role in the Hospital’s popular and lucrative commercial enterprise. Touhey alleges the Hospital is active in the content creation and management of their website and knowingly used Touhey’s photograph without the proper license. Touhey alleges the photograph helped the Hospital generate more revenue, thus hurting the market and revenue-making capabilities of Touhey’s use of his own photograph. Touhey is now asking the court for compensation for damages and loss of revenue from the lack of license and the cost of the litigation. The Hospital has yet to respond to the allegations and our blog will keep this case up to date as more information is presented.