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Copyright From a Birds-Eye View

Photographer Files Suit Over University's Use of Aerial Photograph

This case involves professional photographer Cameron Davidson (“Davidson”) and Howard University (“the University”) in Washington, D.C. Last month, in June 2024, Davidson filed a suit after discovering that Howard University had used one of his photographs in their school newspaper, The Hilltop. According to Davidson’s Complaint, the matter revolves around an aerial photograph he took and that he registered with the Copyright Office in July 2014.

Photo by unknown author, published in 1910

In January 2023, Davidson found out that his image was used by Howard University as part of an article published on November 30, 2018. The article reported on a gas leak at the university, and the authors used Davidson’s picture as an illustration.

Davidson alleges that the University “…copied and distributed [his photograph] on the internet to promote the sales of goods and services.” (Complaint pg. 4). However, the relevant Exhibit attached to his complaint only contain screenshots of the newspaper article published by the University. Davidson argues that the University had both direct and indirect financial profit, and he incurred irreparable damages due to the University’s unauthorized use of his photograph. Davidson is seeking statutory damages and attorney’s fees as compensation.

Aerial photograph of the campus of Howard University, the photograph at issue in this case
Photo by Bruce Cameron Davidson

All these allegations are yet to be contested by Howard University, which has not yet answered Davidson’s Complaint. The main question the court may need to address is whether Howard University infringed §106 of the 17 U.S.C. by using Davidson’s image in an article on the University’s website. Further updates will be provided as the case progresses through the upcoming proceedings.