February 18,2019:
The veteran photographer is suing the Kfir Moyal Art Gallery Inc. based in Miami and owned by Kfir Moyal for copyright infringement for allegedly reproducing and profiting from a photo of French actress, model, and activist Brigitte Bardot.
The lawsuit was filed in a federal court on 22nd January 2019. The photograph in question was taken by Kirkland in 1965.
Kirkland alleged that Kfir Moyal copied Kirkland’s copyrighted work from the internet in order to advertise, market and promote its business activities.
The lawsuit was filed in the Southern District of Florida and claims that Moyal copied Kirkland’s photo and displayed it on his gallery’s website and used it to make and sell products.
According to Kirkland’s lawyer Alexander C. Cohen, it is a very common issue amongst photographers. Cohen said, “Sometimes people will copy our clients’ photographs and use them in an advertisement or a blog, but here somebody is actually selling his work for quite a bit of money and they have no right to do that.”
Moyal’s art gallery was the victim of a similar lawsuit in 2016 which he lost. In this lawsuit, Kirkland is demanding the court for damages, profits earned, attorney fees and costs.
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