A photographer, Nick Onken has filed a lawsuit in the Southern District of New York against Hearst Communications, Inc. for copyright infringement.
The plaintiff alleges that the defendant is using its photograph without his consent or receiving credit for his work.
The plaintiff reportedly said that it owns the Cosmopolitan Italia which the defendant reproduced without his consent and that he did not consent to the use of his Subject Photography to Cosmopolitan Italia or any company owned by Hearst Communications.
According to the lawsuit, Nick Onken is an accomplished photographer who has worked with numerous international brands and has been published in acclaimed magazines.
The plaintiff reportedly registered his images as “Subject Photography” with the Copyright Office including the Cosmopolitan Italia.
The plaintiff is accusing the defendants of violating the Copyright Act via copyright infringement, vicarious and contributory copyright infringement, and the third count was brought under 17 U.S.C. Sec. 1202, which governs the integrity of copyright management information.
The plaintiff is seeking statutory and enhanced damages, attorney’s fees and costs, and pre-judgment interest.
The case is ongoing.
Onken v. Hearst Communications, Inc. et al
|Judge:||Katherine Polk Failla|
|Court:||New York Southern District Court|
|Nature of Suit:||Copyright|
|Case Filed:||Jun 02, 2021|