Photographer Morgan Howarth accuses David Szlag, who operates Parkside on Ellery Bed and Breakfast in Cambridge, of copying one of Howarth’s photographs off of the internet and using it for promotional purposes. The photograph depicts an individual rower about to pass under the Weeks Footbridge, which crosses the Charles River near Harvard University (and near Szlag’s inn). According to the complaint, Szlag placed copies of the photograph in his inn’s advertisement on www.BedandBreakfast.com. Howarth asserts willful copyright infringement, based on Szlag’s failure to respond to two demand letters, sent in the spring and early summer of 2018. Interestingly, there is no accusation that Szlag used the photograph on the inn’s actual website, and there are no factual allegations in the complaint that Szlag had control over the third-party BedandBreakfast website or that Szlag, and not the website owners, who selected the photograph. Judge Woodlock has this case.
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