Tuskegee University Sued by a Photographer for Allegedly Using Two of His Images Promotionally
In late August of this year, Steven Lamont Markos ("Markos") filed a lawsuit against Tuskegee University ("Tuskegee"). Markos is a photographer who operates a website called National Park Planner, which contains images of, and information regarding, the US National Park System. Tuskegee University, a Historically Black College and University, has been registered as a National Historic Site since 1974 and is adminsitered by the National Park Service. As such, Markos visited the campus in 2014 and took the contested images for his website, which are both present in the submitted Complaint.
In late 2023, Markos allegedly discovered that Tuskegee had used these two images in two different parts of their website, removing the watermark in the bottom corner with his copyright infromation in both instances. Markos sent Tuskegee a Cease-and-Desist letter shortly thereafter, and after nearly a year of discussions they were unable to come to a settlement, leading to this lawsuit.
Markos is suing for both Copyright Infringment and Removal of Copyright Management Information, and seeking appropriate actual or statutory damages. Tuskegee has filed two Motions for Extension of Time to File Answer, citing the fact that the parties are currently in discussions that could result in an out-of-court settlement.
Should the lawsuit continue, will Tuskegee be the latest public university to attempt asserting sovereign immunity to have a copyright infringement lawsuit dismissed with prejudice? Without speculating further, we await the filing of either an answer to the Complaint or a notice of settlement out of court, and will provide a future update for this case.