A local photographer filed suit Monday against Texans quarterback Deshaun Watson in Houston federal court, accusing Watson of violating copyright law by publishing the photographer’s pictures on an Instagram account without permission.
Aaron M. Sprecher, who describes himself in the lawsuit as a freelance photographer who earns royalties from licensing photographs, primarily to the Associated Press, says in the lawsuit that Watson published three of Sprecher’s photographs taken in 2017 and 2020 on his Instagram account.
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Sprecher says he registered the photographs with the U.S. Copyright office and that Watson did not seek permission or a license for use of the photographs on Instagram. He also said he does not believe that the AP granted permission for use of the photos.
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The photographer also alleges that Watson previously posted additional photographs he took on social media without permission or a license. He said Watson has not removed the photographs after being advised that they are copyrighted.
The lawsuit seeks a permanent injunction against Watson from any use of the photos in question plus damages under the Copyright Act.
Sprecher is represented by New York attorneys Kevin McCullouch and Nate Kleinman. It was filed in federal court for the Southern District of Texas but has not been assigned to a judge.
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The Texans said Tuesday that Watson’s representatives had no comment on the lawsuit.
Deshaun Watson Lawsuit by Houston Chronicle on Scribd
Houston attorney Jane Robinson of the Houston law firm Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing, said disputes involving photo usage on social media have become more common in the Internet age with its increased focus on celebrities.
“Celebrities see photos of themselves and assume they should be able to use that picture, but it’s not necessarily true if they haven’t taken the picture or don’t have a license” to post it, Robinson said.
“The problem is magnified by the ease with which photos are transmitted quickly across accounts and reposted and retweeted, which can lead to them being disseminated quickly.”
Robinson, who has been involved in litigating copyright, trademark and patent lawsuits, said the “fair use” concept allows use of portions of copyrighted material, but those cases can hinge in part on the impact such use would have on the work’s potential market value.
Fair use purposes, according to the U.S. Copyright Office, include criticism, comment, news reporting, teaching, scholarship and research.
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