AFP v. Morel: Both parties moving for summary judgment

Defend your photo rights - moral rights and copyrights

Freelance photographer Daniel Morel, Agence France-Presse and Getty Images are now moving for a summary judgment in the two-year-old case

Author: Olivier Laurent

The high-profile case pitting freelance photographer Daniel Morel against Agence France-Presse and Getty Images is continuing, BJP understands, as all parties are now filling papers for summary judgment.

In US law, the purpose of summary judgment is to avoid unnecessary trials when the facts of the case are not in dispute. BJP has learnt that photographer Daniel Morel and AFP and Getty Images have until 05 April to file with the court their Joint Statement of Undisputed Material Facts.

Then, on 20 April, the court, led by Judge William H Pauley III, will convene to set a briefing schedule, which could lead to AFP's and Getty Images' defense to be dismissed, setting the stage for Morel to claim damages for the unauthorised used of his images.

In December 2010, the United States District Court of the Southern District of New York declined AFP's requests to dismiss Morel's claims against the agency. Morel accused the agency of benefiting from the illegal distribution of images he took of the 2010 earthquake in Haiti and posted on Twitter.

AFP, on the other hand, accused Morel of engaging in an "antagonistic assertion of rights," and has also sued the photographer. However, in its December 2010 ruling, the court found that the photographer could go ahead with his claims based on the Copyright Act and the Millennium Copyright Act - a decision that significantly strengthened Morel's case.

For more information about the case, read our extensive coverage dating back to 28 April 2010.

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Comments

'Antagonistic'

Whilst I'm not privvy to the full 'ins and outs' of this case, what I have read so far seems to weigh very heavily in favour of Mr.Morel. What on earth do they mean by 'Antagonistic assertion of rights' ? Sounds like lawyers creating extra money from nothing. What's new there. The guy either gave consent or they stole the pictures without consent. Large corporations and lawyers seem to live in a parallel universe to the rest of us. They deserve nothing but contempt. We, as sole photographers should also question our integrity in dealing with any organisation that acts in such a contemptible way. Yes, we all have bills to pay but photography, for me at least, is a passion and other income streams should be explored, however mundane, to ensure that our work stays true. I'm no 'Citizen Smith' but there comes a time when you have to stop feeding the beast that controls you. Look how the picture libraries have operated over the last 10+ years. Sure, it was just them doing business but we should seriously question our own ethos. Jobbing photographers or creative visionaries? Good luck Morel, stuff AFP and any other organisation that believes it is our saviour. Let's stop being media whores for those that think they know how to tease us.
Rant over, answers on a postcard please....

Posted by: douglas macgregor on 19 Jan 2012 at 20:36

Photographer is Right: Agencies Stole His Work

This is an open and shut case. He shot the stuff, he owns copyright. The agency defendants violated copyright for profit. Incidentally, it doesn't matter if the agencies stole it directly from him, or through an intermediary; this is still plain copyright piracy. The agencies' "defense" is b.s., and clearly b.s. to anyone with copyright expertise. If the court has integrity it will nuke the agencies for their theft, which will also send a warning message to other would-be thieves-for-profit.

Posted by: Jason Barnes on 21 Jan 2012 at 19:34

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