Photographer Al Satterwhite says Sony Music Publishing posted his 1974 portrait of Stevie Wonder on Instagram without a license, and his suit seeks up to $150,000 in damages.
Satterwhite filed a copyright infringement lawsuit against Sony Music Publishing (SMP) in the U.S. District Court for the Southern District of New York on Sunday. The case turns on a single stevie wonder portrait showing Wonder seated at a piano.
According to a report by Billboard, Satterwhite photographed Wonder at the piano in 1974. He later registered the images with the U.S. Copyright Office. In 2023, SMP allegedly posted one of the portraits in an Instagram carousel.
Early work often defines a photographer’s legacy, as Frank Horvat’s Early Travels in India and Pakistan shows, with formative trips producing iconic images.
The post marked the 50th anniversary of Wonder’s 1973 album Innervisions. Satterwhite says the company used his “iconic photograph” without first obtaining a license.
What the case argues
Satterwhite says the use cost him a licensing opportunity. He also argues it may have affected the market for his work. The complaint claims SMP gained from sharing the photo with its social media audience without paying for it.
In court documents, Satterwhite says the alleged infringement “has harmed, and continues to harm, the potential market for or value of the copyrighted work.” He says it did so by depriving him of his exclusive right to license the work for illustrative and other purposes.
The complaint also addresses intent. Satterwhite argues SMP knew, or should have known, that it needed a license. He describes the company as “a sophisticated media company that understands copyright law and the need to obtain a license to publish the copyrighted works of others.”
The suit seeks up to $150,000 in statutory damages. Federal law sets that figure as the maximum for willful infringement of a single work.
Disputes over reused images also raise questions about how magazines license photographers‘ work, which Szilveszter Makó’s Signature Style Behind Similar Magazine Covers illustrates vividly.
A pattern of litigation
Billboard reports that Satterwhite has filed more than a dozen earlier copyright lawsuits. Those cases involve alleged unauthorized use of his photographs of Wonder and other well-known figures, including Arnold Schwarzenegger and Mel Brooks.
Satterwhite also filed a lawsuit against Berklee College of Music last year. That case accused the school of using another photograph of Wonder from the same 1974 shoot without permission. He dropped it voluntarily less than two months later.
The stevie wonder photograph lawsuit will test whether a single social media post can create significant liability for a major rights holder. The court’s ruling will show how much weight a photographer’s licensing rights carry against a company’s own copyright expertise.
H/T petapixel.com
Frequently asked questions
Who is suing Sony Music Publishing over the Stevie Wonder photograph?
Photographer Al Satterwhite filed a copyright infringement lawsuit against Sony Music Publishing (SMP) in the U.S. District Court for the Southern District of New York. The case centers on his 1974 portrait of Stevie Wonder seated at a piano.
How much money is Al Satterwhite seeking in his lawsuit?
Satterwhite seeks up to $150,000 in statutory damages. The article notes that federal law sets that figure as the maximum for willful infringement of a single work.
What did Sony Music Publishing allegedly do with the Wonder photo?
In 2023, SMP allegedly posted one of Satterwhite’s portraits of Wonder in an Instagram carousel without obtaining a license. The post marked the 50th anniversary of Wonder’s 1973 album Innervisions.
Has Al Satterwhite filed other copyright lawsuits before this one?
Yes, Billboard reports that Satterwhite has filed more than a dozen earlier copyright lawsuits over alleged unauthorized use of his photographs. He also sued Berklee College of Music last year over another 1974 Wonder photo, but he dropped that case voluntarily less than two months later.
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