Photographer Files Copyright Infringement Lawsuit Over Gallery Image

According to a report in the British Journal of Photography, a photographer whose image was used without permission to promote a new photography gallery is considering taking legal action over the copyright infringement.

In 2008, photographer John Goldsmith reportedly took a photo of a woman through the window a Vancouver café and posted it on the photo site Flickr. A couple of years later, he was then informed by a friend that the same image, entitled ‘Porcelain’, was being used without his permission as part of a promotional campaign by the new Photographers’ Gallery in London.

Goldsmith claims that the image was also printed in leaflets for the gallery and handed out to passers-by. As he has registered the image under his name with the US Copyright Office, Goldsmith considers both of these acts to be unlawful copyright infringement.

The photographer accuses the gallery owners, who claim they have since apologised to Goldsmith, and the architects who used the image in promotional material of benefiting from his image. He is reportedly seeking acknowledgement of the infringement and compensation from the architects, who are likely to have professional indemnity insurance in place to cover such claims.

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