Photographer Sues USC for Using Photo of Student on Website
In 2004, a photographer named Michael Grecco (“Grecco” or “Plaintiff”) created and registered several photos with the U.S. Copyright Office. Last October, Grecco filed a Complaint against the University of Southern California (“USC”), alleging that USC used one of his copyrighted works without permission at some point between 2004 and 2023.
Without specifying the exact timing of the alleged infringement, Grecco claims in his Complaint that USC used, distributed, and made copies of a specific photograph from his copyrighted 2004 album. He also alleges that USC utilized his photograph to promote the sale of goods and services within an educational context. Exhibit 2 of the complaint includes a screenshot purportedly showing an instance of the infringing use of his work. The screenshot displays Grecco’s image on a USC webpage; however, the purpose of its use on the site is ambiguous.
While the screenshot does not capture the full webpage, it appears the image accompanies an article about Ayanna Howard, the person depicted in Grecco’s photograph. It is unclear from the screenshot if the image's purpose was to highlight Ayanna’s achievements as a USC student, but the context seems to suggest this. Grecco's Complaint explicitly asserts that USC used his photograph “for purposes of advertising and promoting sales to the public in the course and scope of USC's business” (4).
Grecco is seeking either actual damages based on USC’s profits derived from the use of his work or statutory damages under 17 U.S.C. § 504, depending on the court’s decision. We await USC’s response, which should provide more clarity on the contested image’s use in this case. Updates on the case will be provided in a future article as developments unfold.