Former Student Alleges That School Used His Photograph Without Permission
On November 11, 2024, a former student filed a lawsuit against ATP Flight Academy LLC (“Defendants” or “ATP”), alleging a violation of his copyright and his right of publicity. Karim Elsammak (“Plaintiff” or “Elsammak”) claimed that ATP unlawfully used images from his time as a student at the flight school for commercial purposes without his consent, including in their marketing and advertising materials.
According to his Complaint, Elsammak attended ATP Flight School from June to December 2015. After graduating, he began his career as a commercial pilot. In 2018, he took a photo of himself in an airplane cockpit wearing his pilot uniform. He registered the photo with the U.S. Copyright Office in October of this year.
In his Complaint, Elsammak states that in 2019 he sent the contested photograph to Ashley Pillon, an ATP employee at the time, to include in a slideshow presentation showcasing graduates and their accomplishments at an ATP Alumni Association event that same year. He emphasizes that he never consented to his image being used beyond the scope of that event. Elsammak alleges that ATP infringed on his rights primarily online by reproducing, publicly displaying, and distributing his image on various platforms, including but not limited to social media accounts like YouTube, for purposes of promotion, advertising, and recruitment for its training programs. He further claims that ATP profited from the unauthorized use of his image by promoting and selling its services without obtaining a proper license or authorization. However, Elsammak does not provide evidence that he had previously commercialized or licensed the contested photo for use.
Elsammak also states that, prior to filing the complaint, he sent ATP a cease-and-desist letter “…informing [Defendants] that the Subject Photo was his property, was protected by copyright, and demanding that Defendants stop using his image.” (4). Elsammak further asserts that, under 17 U.S.C. § 504(b), he is entitled to recover damages for profit losses. He is seeking statutory damages that could amount to as much as $150,000.
At present, ATP has not yet filed its answer, which is expected by January 6th. Further updates will be provided as the case develops.