BuzzFeed News logo and screenshots of the embedded photos at the heart of the lawsuit [credit: BuzzFeed / Bartolomei and Hoben / Theresa Boersma]
(STOWE, VT) — Six Black photojournalists sued the global digital media company BuzzFeed on Oct. 10 for allegedly embedding their Instagram photos without compensation, permission, or notification.
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Screenshot of original article published on BuzzFeed featuring the image taken by Montinique Monroe in Austin, Texas. [credit: Bartolomei and Hoben]
According to the complaint, the photographs were embedded directly from Instagram by BuzzFeed into its article “17 Powerful Pictures Of The Protests Through The Eyes Of Black Photographers.” According to the lawsuit, BuzzFeed did not secure a license, pay any of the six photojournalists, or ask for permission to embed the images from Instagram and publish their photos. As a result, BuzzFeed may be found liable for copyright infringement.
“This wrongful practice robs photographers of the opportunity to license their work and has greatly accelerated the collapse of the photojournalism industry,” said the plaintiffs’ lawyers James Bartomei and Bryan Hoben to The Click in a joint statement.
“Far too often, hardworking photographers and filmmakers see well-heeled media companies like BuzzFeed slash licensing budgets in favor of pilfering work from Instagram accounts,” Bartolomei and Hoben emailed in response to a reporter’s inquiry. “This has put an untenable strain on an industry already victimized by rampant online piracy. This must change. Only when ownership rights are properly protected will they be properly respected. And if tech companies wish to remain largely unresponsive to this plight, litigation becomes the creator’s best tool to see this change through so that they can once again make a living off of their work.”
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Screenshot of original article published on BuzzFeed featuring the image taken by Vanessa Charlot in St Louis, Missouri. [credit: Bartolomei and Hoben]
BuzzFeed has since updated the article and removed the images taken by the six photojournalists, stating that “the original list did not meet our editorial standards regarding photo permissions.” A spokesperson for Rivkin Radler, LLP, the law firm representing BuzzFeed in the litigation, said: “Although we appreciate the opportunity, we cannot comment on active litigation.”
(Note: The author of this story runs a platform for visual storytellers and journalists whose members include an employee of BuzzFeed)