Photographer Claims Long Island University Used Athletic Photos Without Authorization
In May 2025, a new copyright case was filed in the Federal District Court for the Southern District of New York. This case arises from allegations made by Garrett Ewald (“Plaintiff” or “Ewald”) against Long Island University (the "university," or “LIU”), claiming that LIU infringed his copyrights in professional photographs of the university’s sports events and teams.
Ewald works as an adjunct assistant professor in the Department of Journalism and Creative Writing at The Polk School of Journalism, and also as an independent contractor specializing in professional photography in the state of New York.
In October of last year, Ewald began discussions with LIU regarding the possibility of photographing LIU’s basketball games and athletic events. He alleges that he offered his services as an independent contractor and presented a proposal that could align with LIU’s budget. Ewald maintains that at no point did he imply he would perform the work voluntarily, nor did he grant LIU a license to use his photographs without his express consent.
According to Ewald, he began photographing LIU’s basketball team at athletic events. He does not specify whether LIU ever formally agreed to contract his services. In December of last year, Ewald sent an invoice to LIU requesting payment for the photographs he had taken of the university’s athletic teams.
That same month, LIU responded by rejecting Ewald’s invoice. Ewald warned that failure to pay the fees would leave LIU without any license or permission to use the photographs. He alleges that LIU never obtained a license and has since been using, copying, and distributing his images without authorization.
After exchanging communications without reaching an agreement, the Plaintiff filed suit against LIU for copyright infringement. In his Complaint, Ewald alleges that he obtained copyright registration for all the images at issue prior to LIU’s alleged use. He claims that LIU improperly used his photographs across several websites and social media accounts under its control. Ewald includes multiple examples in his Complaint where LIU allegedly used his copyrighted images online without authorization. He further states that as of March 2025, LIU was still using and reproducing his images without permission. Ewald asserts that even after he disabled the download option on his website, LIU continued to take unauthorized screenshots of his photographs and display them on its website.
Ewald now asks the court to enjoin LIU from displaying, copying, distributing, advertising, or promoting the disputed images. He also seeks actual or statutory damages under Section 504 of the Copyright Act, in addition to the attorney’s fees.
As of now, LIU has not yet filed its Answer. However, the court has issued an order referring the parties to a mediation program and directed that a mediator be assigned to facilitate a settlement meeting at least two weeks prior to the pretrial conference, which is scheduled for September 2025.
We will continue watching the case and post updates as its events evolve.