Photographer Adrian Boot known for his documentation of reggae and dancehall has filed a lawsuit against Rhapsody International, Inc., owners of Napster.com between 2010 and 2020, alleging copyright infringement over the unauthorized use of his photograph of musician Lincoln Barrington “Sugar” Minott. The complaint, filed in the United States District Court for the Western District of Washington at Seattle, seeks damages under the Copyright Act.
Boot, a professional photographer based in the United Kingdom, asserts ownership of the photograph, which he created on January 9, 1990, however, the image was registered with the United States Copyright Office (USCO) on June 20, 2018, under Registration No. VA 2-107-388.
According to the complaint, first filed March 28, 2023, Rhapsody International operates the popular music streaming website napster.com, where Boot alleges his copyrighted photograph was displayed without permission. The photograph, featuring Sugar Minott, was reportedly showcased on the artist’s page on the Napster website.
Speaking with the late Sugar Minott’s wife Maxine Isis Stowe, she said she was just learning of the suit when WMV brought it to her attention via a report form report by Cris Cooke of CMU. She said, “the originating company Soul Jazz should not have licensed the photo in the first place without Sugar (Minott) agreeing.”
She added, “its an industry learning moment that requires the action from Adrian.”
Napster, an audio music streaming platform that championed the streaming revolution is now owned by its crypto focused successor Hivemind & Algorand which acquired the company from Napster Group PLC in 2022.
Boot claims that Rhapsody International willfully and knowingly infringed upon his copyright by reproducing and publicly displaying his photograph without authorization. He argues that the unauthorized use of his work has harmed his ability to license and profit from the photograph commercially.
The lawsuit seeks various forms of relief, including damages, disgorgement of profits attributable to the infringement, injunctive relief to prevent further unauthorized use of Boot’s work, and reimbursement for legal fees.
Boot’s legal representation, Sanders Law Group, lead by Craig B. Sanders, Esq., has demanded a trial by jury.
The outcome of this case will likely have implications for both content creators and online platforms regarding their responsibilities and liabilities concerning copyright infringement.
Adrian Boot, a former physics teacher turned photographer, has one of the biggest photographic portfolios of reggae and dancehall artist dating back to the 1970s. He published the photo book, “Babylon on a Thin Wire,” and has freelanced for renowned publications like NME, The Times, and The Guardian, and was the official photographer Melody Makers by the late 1970s and iconic events such as Live Aid, Roger Waters’ Berlin production of The Wall, and the Grateful Dead’s concerts at the pyramids in Egypt.
In addition to his journalistic work, Boot co-founded the UrbanImage photo agency and archive, contributing to numerous exhibitions worldwide. His early collaborations with Bob Marley laid the groundwork for several books on Jamaican culture. His work was the inspiration for the PostMan Collective Punk exhibit of Bob Marley in the U.K. two years ago.
Last August Boot settled a similar claim against Lethal Amounts LLC filed in January 23, 2023.
In that court document obtained by WMV, filed in the United States District Court for the Central District of California, it alleges that Lethal Amounts LLC, a California Limited Liability Company operating at 1226 West 7th Street, Los Angeles, unlawfully used Boot’s copyrighted photograph on its website without permission or authorization.
The photograph in question depicts Raymond Ian Burns and Dave Vanian, members of the English rock band “The Damned,” standing together on Alexander Street in West London. Boot asserts that he owns the rights to this image and has registered it with the United States Copyright Office (USCO).
According to the complaint, Lethal Amounts LLC operates a website known as www.lethalamounts.com. The photograph appeared in a story dated October 12, 2020, authored by Liz Rhodes, and was subsequently observed by Boot on March 15, 2022.
Boot contends that Lethal Amounts LLC’s unauthorized use of his photograph constitutes direct copyright infringement under Title 17 of the United States Code. He argues that the defendant’s actions have caused substantial harm, potentially impacting the market for his work and resulting in financial losses.
