UPDATE: Freelance Photog Wins $1.2m in Copyright Infringement Case

 (Photo credit: Wikipedia)

A federal jury last Friday in the case of Agence France Presse et al. v. Morel (Case No. 10-cv-02730) awarded Haitian-born freelance photographer Daniel Morel $1.2 million damages in his copyright infringement suit against Agence France Presse and Getty Images, Mashable.com reported.

Morel had alleged that the defendants used without permission photos he had taken and posted on Twitter depicting devastation to his homeland after a 2010 earthquake. U.S. District Court Judge Alison Nathan last January granted, in part, a summary judgment motion in Morel's favor on his claim that Twitter's terms of service did not grant a license to the defendants to reproduce his images without his permission (see "TUOL" post 1/16/13).

Getty Images had distributed Morel's photos to numerous subscribers, including The Washington Post.

Federal Judge Backs Photog in Social Media Copyright Claim

 (Photo credit: Wikipedia)

United States District Court for the Southern District of New York Judge Alison Nathan this week in Agence France Presse v. Morel (Case No. 10-cv-02730) granted, in part, a summary judgment motion brought by a photographer who claims news organizations infringed on copyrighted images he posted on Twitter.

According to a report by the wire service Reuters, photographer Daniel Morel tweeted photos he took of the destruction caused by an earthquake in Haiti in January 2010. Defendant Agence France Presse (AFP) transmitted Morel's photos to defendant Getty Images, four of which were published on the Web site of defendant Washington Post , which subscribes to Getty, according to the court ruling.

AFP contended the photos in question were available for re-use once they were posted on Twitter, but Judge Nathan found AFP and the Washington Post infringed on Morel's copyright because the social media platform's terms of service did not grant a license to the defendants to reproduce the images without Morel's permission. The court imposed a ceiling on the amount of damages Morel could recover, did not rule on the infringement claim as to Getty Images, and left unresolved other issues for trial, a date for which has not yet been set.

The Reuters article reported that Morel countersued the defendants after AFP initially filed suit against Morel in March 2010, seeking a determination that it had not infringed on Morel's copyright. Twitter, which is not a party to the suit, takes the view that users of the service own their photographs that are posted on Twitter.