MIAMI (LN) — Twenty-one plaintiffs, including 20 professional photographers and one company, filed a federal copyright infringement lawsuit on Tuesday against Uber Technologies Inc., alleging the company used their food photography on its website without authorization to advertise its business.
The complaint, filed in the U.S. District Court for the Southern District of Florida, names Uber as the defendant. The plaintiffs include Shoiab Ahmed, Marina Helene Aschaber, Charlie Bard, Sarah Barnes, Kathleen Berget, Helen Best-Shaw, Julia Vera Foerster, Danny Ghitis, Benjamin Gorges, Meggan Hill, Dennis Littley, Lazy Cat Enterprises Ltd., Michelle Minnaar, Florian Nouh, Judy L. Purcell, Renee Robley Smith, Heather Szutka, Sarah Trenalone, Marco Verch, Candice Walker, Christina Conte Wartinbee, and Wendie Williams.
According to the filing, the plaintiffs own valid copyrights in the photographs, which were either created by them, transferred to them, or commissioned on a work-for-hire basis. The complaint states that none of the plaintiffs ever granted Uber a license to use the images for any purpose.
The suit alleges that prior to the filing, the plaintiffs discovered Uber had copied, displayed, distributed, and created derivative works of the images on pages of its website. The complaint asserts that Uber accessed the works, reproduced copies on its server, and displayed them publicly to promote the sale of goods and services.
The plaintiffs claim the infringement was willful and caused irreparable harm. They further allege that Uber had the right and ability to supervise the infringing activities of its employees, independent contractors, customers, and vendors, and that the company had a direct financial interest in the infringement.
The complaint includes three causes of action: direct copyright infringement, vicarious copyright infringement, and contributory copyright infringement. The plaintiffs are seeking actual damages and profits, or alternatively, statutory damages of up to $30,000 per work, or up to $0.15 million per work if the infringement is found to be willful.
The filing also requests that the court order Uber to account for all gains derived from the infringements, deliver all copies of the photographs in its possession, and permanently enjoin the company from further infringing the copyrights.
The plaintiffs, who include individuals based in the United States, the United Kingdom, Germany, the Netherlands, and Canada, and a company based in the United Kingdom, demand a jury trial on all counts.