Photographer Takes on Texan School
On July 10, 2023, James Messerschmidt (“Messerschmidt”), a photographer from Queens, New York, brought legal action against Zen City Academy (the “Academy”) in a Federal District Court in Texas. The case brings claims for copyright infringements under Title 17 of the U.S. Code, signaling a conflict over intellectual property rights and the unauthorized use of creative works.
According to Messerschmidt's Complaint, the Academy, an online school specializing in English as a Second Language courses for Vietnamese speakers, allegedly utilized his photographs without obtaining proper authorization. The incident in question pertains to a series of photographs taken by Messerschmidt at the La Guardia Airport on June 17, 2022. The next day, these images surfaced on the Academy's website as part of a news article covering flight delays. Messerschmidt only discovered this unauthorized use three days later.
The central contention in the Complaint lies in whether the Academy violated section 501 of title 17 U.S.C and infringed on Messerschmidt's rights to the photographs when they allegedly copied and displayed the photographs on their website. Messerschmidt cites the legal precedent set by the case Feist Publications, Inc. v. Rural Telephone Service Co. as the foundation for his claim. He argues that the Academy derived financial benefits from the use of his photographs on their website, attributing the increased website traffic to the images, resulting in higher advertisement revenues for the institution. As a consequence, Messerschmidt asserts that this alleged practice has adversely affected the market for his photographs, thus causing harm to his professional interests.
One aspect of the case that remains unclear is how the Academy acquired Messerschmidt's photographs without his consent. The photographer himself has not provided specifics regarding how his works ended up on the Academy's website, which might be a critical point of inquiry during the legal proceedings.
In response to the unauthorized use of his photographs, Messerschmidt acted promptly to secure his rights. On June 30, 2022, just nine days after discovering the infringement, he applied for copyright registrations for the photographs. Such a move is essential to strengthen a copyright claim by establishing a clear record of ownership and the timeline of events surrounding the alleged infringement.
In his complaint, Messerschmidt seeks monetary relief for the damages incurred due to the Academy's unauthorized use of his copyrighted photographs. The complaint does not quantify the total damages that should be awarded but the compensation is intended to rectify the financial losses he suffered as a result of the alleged infringement and deter potential future infringements. Messerschmidt also reserved the right to elect for statutory damages.
As of the current date, the Academy has not yet responded to Messerschmidt's allegations in court.
This copyright battle highlights the importance of protecting intellectual property rights in the digital age. As we await the upcoming Answer from Defendant, we will continue to provide further updates on the ramifications of the case proceedings.