Unprecedented lawsuit pits photographer against major NFL team
Did a photograph inspire a statue design?
We've seen plenty of examples of photographers suing brands or publications for using their work without permission, but this might be the first time we've seen a photographer complain that their work been quite literally set in stone.
In a lawsuit, Allen Kee claims a statue unveiled last year of footballer Barry Sanders is based on his own 1995 photo of a game. In a behind-the-scenes video from the Detroit Lions depicting the creation of the statue, the photo can be seen in the background, presumably acting as a reference. (For more NFL controversies, check out the Super Bowl logo conspiracy theory that's sweeping the web.)
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According to Michigan Live, Kee is suing the Detroit Lions, as well as Getty Images, NFL Properties, NFL Enterprises, Fanatics, Dick’s Sporting Goods, McFarlane Toys and others in U.S. District Court for the Southern District of New York, for "direct, contributory and or vicarious copyright infringement". The suit claims that he "was working as a freelance photographer when the photo was taken, was not an employee of any entity or organisation at the time he created the photograph and did not create the photo under any “work for hire” arrangement or contract."
In a short statement to Michigan Live, Detroit Lions responded to the accusation. “We are aware of the suit," the statement reads, "and are prepared to vigorously defend our position that these claims lack merit."
We're certainly curious to see how this one plays out – while copyright disputes involving the use of photos tend to be somewhat clear-cut, whether the statue will prove to constitute unlawful use of an alleged reference photo remains to be seen. For something altogether more ridiculous, take a look at the logo dispute between Rockstar and Remedy Games that's currently bemusing the gaming community.
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Daniel John is Design Editor at Creative Bloq. He reports on the worlds of design, branding and lifestyle tech, and has covered several industry events including Milan Design Week, OFFF Barcelona and Adobe Max in Los Angeles.