Photographer says company didn't pay, illegally using his pictures

By Kelly Holleran | Oct 23, 2008

CLARKSBURG - A Morgantown photographer has filed a federal suit against a Morgantown business, alleging it has not finished paying him for his work and has illegally placed pictures he took on its Web site.

Calvin R. McDaniel claims Judel and Thomas Mason failed to pay him the remaining $7,627.48 they owe for photographs McDaniel took of glassware products and for the 36-page booklet he designed, created and published.

Judel and Mason also posted the pictures McDaniel took on their Web site, even though the images were copyrighted, according to the complaint filed Oct. 1 in U.S. District Court.

McDaniel took the pictures and published about 10,000 copies of the booklet at the request of Judel and Mason, the suit states.

McDaniel claims Mason made multiple promises to pay the outstanding amounts he owed, but has not.

"Defendants made partial payments toward the total amount owed on their account; however, Defendants have not fully compensated McDaniel for services, designs and publications provided," the suit states.

Mason posted the photos McDaniel took on his business's Web site in May 2007 and kept them up, even after McDaniel demanded in writing on Feb. 13 they be taken down, according to the complaint.

In addition, Mason published the pictures and designs McDaniel created in other publications without McDaniel's permission, the suit states.

McDaniel claims he has incurred substantial costs by performing the duties he was asked and has been harmed by the copyright infringement.

In addition to the amount he is owed, McDaniel seeks all remedies available under Title 17 of the United States code, attorney fees, prejudgment and post-judgment interest and any other relief deemed just.

Charles T. Berry and Ashley P. Hardesty of Bowles, Rice, McDavid, Graff & Love in Morgantown will be representing him.

U.S. District Court case number: 1:08-CV-182

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