Photographer Gains $6.3M Over Unauthorized Image Use In Landmark Copyright Case

by rrollins, December 14, 2023

Image generated on AI

Scott Hargis, a California-based architecture photographer, recently marked a monumental victory in the realm of copyright law. Hargis was awarded a staggering US$6.3 million in damages following a jury’s decision against Pacifica Senior Living, who used 43 of his photographs without proper licensing.

This case stands out not just for the substantial amount awarded, but also as a significant win in the protection of photographers’ copyrights, according to Architectural Photographer Almanac.

Thanks to his foresight to register his photographs with the United States Copyright Office (USCO), Hargis was able to reap the full bounty of benefits. This move enabled him to seek statutory damages, a crucial aspect that bolstered his case.

Without this registration, Hargis would have been limited to suing for actual damages, which only cover the market value of licensing the images—a figure significantly lower than the awarded amount.

As detailed in our guide on what to do when someone steals your photos, although copyright protection is awarded to works by default in the United States, registering them offers several advantages. Firstly, it serves as a legal acknowledgment of ownership, making it easier to enforce rights and take disputes to court. Registration also provides a public record of the copyright and can significantly bolster arguments in infringement lawsuits, as seen in Hargis’s case.

The jury’s unanimous decision deemed every one of the 43 images as a willful infringement, awarding the maximum US$150,000 per image, as allowed by copyright law.

Hargis, speaking to PetaPixel, expressed his satisfaction with the verdict. “We feel very good about the award,” he told the photography-focused publication. He also hopes that this case will send a resounding message about the severe consequences of copyright infringement.

This landmark decision might be celebrated as a major triumph for photographers and creative professionals. So, as tedious as it sounds, it could be more than worthwhile to have all your creations licensed at the copyright office.

[via PetaPixel and Architectural Photographer Almanac, cover image generated on AI]