Photographer sues Microsoft for $150,000 for using her photos without permission

Dunja Đuđić

Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.

Photographer Matilde Gattoni has filed a lawsuit against Microsoft over alleged copyright infringement. According to the lawsuit, Microsoft used Gattoni’s photos in an article on MSN. However, she claims that the company didn’t license the photos, nor they had her permission to use them.

Law Street Media published the court documents, containing the lawsuit and the exhibits. The article in question was published on 24 January 2020 on MSN and it’s titled These are the women leading China’s wine revolution. Interestingly enough, it’s still online. The article uses Gattoni’s photos for illustration (along with credits), but the photographer claims that Microsoft never had the permission to use them.

According to Law Street Media, Microsoft did license some of Gattoni’s photos before, but not for this particular article. The lawsuit reads that “Microsoft is not, and has never been, licensed or otherwise authorized to reproduce, publically display, distribute and/or use the Photographs.” Gattoni’s images were registered with US Copyright Office, and her lawsuit claims that Microsoft’s alleged copyright infringement was “willful, intentional, and purposeful, in disregard of and indifference” to her rights.

Gattoni seeks damages for Copyright infringement, and there are two options. First, she can receive “actual damages and Defendant’s profits, gains or advantages of any kind” that resulted from using her photos. Another option is receiving “statutory damages of up to $150,000 per copyrighted work infringed.” Finally, if she wins, Microsoft shall pay all expenses and attorneys’ fees.

[via FStoppers]


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Dunja Đuđić

Dunja Đuđić

Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.

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16 responses to “Photographer sues Microsoft for $150,000 for using her photos without permission”

  1. Linda Butler Avatar
    Linda Butler

    With everything going on in the world right now, she’s worried about a few pics? Unbelievable.

    1. Jon Avatar
      Jon

      It’s more than that, it’s upholding a principle of not letting people steal your livelihood’s work. This is a response to a big corporation thinking they can steamroll a photographer and misuse her work, and honestly good for her standing up for what she worked to produce. If this faulty precedent isn’t consistently fought and decried, this will happen more and more to the photographers who spend their time and money on creating and developing the pictures we take for granted.

      So yes, she has every right to be worried about a few pics, and her work should always be defended against misuse.

    2. John Retzlaff Avatar
      John Retzlaff

      This is thev equivalent of having your store looted after having your business shutdown for two months. This is her livelihood. Can we have your address Linda, so we can come over and help ourselves?

      1. jorgey84 Avatar
        jorgey84

        Business is real reason to claim money damages , in my opinion.

        But her ; over a pic? She claiming money damages ? Lol sound easy to make someone rich .

        1. John Retzlaff Avatar
          John Retzlaff

          Do you understand copyrights? This is her artwork. It was stolen and used without permission. She is a professional photographer it is her business. This is the same as paying a musician to use their song, or psying an author to publish their novel.

        2. Bryan Dunn Avatar
          Bryan Dunn

          Easy way? She would’ve got a lot less money had Microsoft used them legally. This is her business you dolt. Smh some nimrods these days…

    3. Vedant Kantak Avatar
      Vedant Kantak

      It’s more than a few pics you fool.
      Takes a lot of dedication, patience hardwork to get that perfect photograph. Myself being a photographer, I know the pain.

    4. Eat Food Music Avatar
      Eat Food Music

      There hers….

    5. TampaScotty Avatar
      TampaScotty

      Click on her name and check out the rest of her comments. She only peddles arguing,name calling ,etc. Shes a bad actor in a nice place.

      Her last posts (see below)…shes a mess, and undoubtedly someone who lashes out this much is pretty unhappy with themselves and need to try to put others in their place to fell better about herself. Everyone is an idiot but her (obviously)…

      – And you sound like an idiot.
      – Sorry, but purchasing a wedding dress is certainly NOT essential. Is anyone even getting married now?
      – Well, David. If you get COVID-19, you could possibly die. You then wouldn’t have to worry about sitting around, waiting to lose everything you’ve worked your ass off for. Problem solved.
      – Oh no. Another moron. IT’S JUST A SONG.
      – What is Purell’s main ingredient? Alcohol. What does alcohol do? KILLS GERMS. Anyone suing over this has way too much time on their hands. Get a grip, people.
      – Unbelievable. These beached whales, who got to be 600+lbs all by themselves, get free medical, surgical and mental help and while there are some success stories, most don’t want to give up the 8,000 calories they ingest or day. When they fail, it’s ALWAYS someone or something else fault. You can’t weigh that much and NOT KNOW that you desperately need medical AND psychological help. If you fail to lose the weight, look in the mirror for the real cause.
      – Please. His seat didn’t recline as he was at the back of the plane. When she reclined hers, she was practically in his lap. He jabbed her seat; if it had been me I would have done a lot worse. She is an absolute idiot.

      1. Taco Bender Avatar
        Taco Bender

        Nice work, Detective?️‍♂️

      2. Bryan Dunn Avatar
        Bryan Dunn

        I’ll have what you’re smoking!

    6. Patriciann Avatar

      Linda, you sound like a wanna-be Gen X/Zer Influencer who believes anything posted online is up for grabs. Life doesn’t work that way Sweetcakes.

      1. Bryan Dunn Avatar
        Bryan Dunn

        How are you assuming her age? I’m a Gen Xer and I don’t do any of that. Try not to generalize or stereotype. You sound as ignorant and Linda.

    7. Ghost Underscore Avatar
      Ghost Underscore

      Your a fucking moron

    8. Bryan Dunn Avatar
      Bryan Dunn

      It’s her living you moron. How about with everything going on you lose your source of income on top of it. Your ignorance is what’s unbelievable.

  2. Alex Avatar
    Alex

    Let’s not forget Microsoft put a man in prison for making CD copies of old software than can be had for free online for the purpose of recycling old PCs to people who needed them and to keep them out of landfills. Basically they would do the same to anyone who stole their work, so she should not feel bad about getting paid for hers.