“Plaintiff never licensed the Photograph to defendants,” the complaint obtained by The Hollywood Reporter states.”Nevertheless, defendants have used, and continue to use, the Photograph without authorization or permission from plaintiff to do so. Specifically, Kardashian copied the Photograph and distributed it on Instagram on September 14, 2016. The copy of the Photograph that Kardashian distributed on Instagram had been altered to remove the CMI showing plaintiff as the copyright owner of the image.”
The photo agency is demanding an injunction, profits arising from any infringement, and damages of up to $25,000 or more.