Minden Pictures, Inc. v. Drs. Ali and Ali, P.C. d/b/a Wellesley Dental Group PLLC (D. Mass. 22-cv-10158).

  • January 31, 2022

Stock photography company Minden Pictures accuses Wellesley Dental Group of infringing its copyright in a photograph taken by Charles “Flip” Nicklin on the Dental Group’s website.  The photograph, an underwater shot of seaweed, accompanies an article on the site about whether seaweed can help fight tooth decay.  Minden says that in addition to using the photograph without permission, the Dental Group removed copyright management information in violation of the Digital Millennium Copyright Act.

I note that the Dental Group’s website has a blog that provides citations for most, if not all, of what is put on the blog.  The post in question cites the photograph as coming from Earthsky.org, where it appears in an article on using seaweed to create biofuel and cites the source of the photograph as being the University of Karachi in Pakistan.  The photograph on the Earthsky site has no watermark or copyright management information, which may defeat the DMCA claim, but this highlights the problem with taking pictures from the internet without ensuring that the right to use the picture is obtained.

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