Online social media and social networking service company Facebook, Inc. has become the victim of a lawsuit. Photographer Kristen Pierson Reilly filed a lawsuit against Facebook for failing to respond to a DMCA notice.
The complaint was filed at a New York District Court and the photographer has accused the social media giants of hosting and displaying one of her works without her permission.
Facebook account by the name of ‘Trusted Tech Tips’ posted a photo last year which was actually the work of Pierson. The photo in question is the photo of Rhode Island politician Robert Nardolillo.
When Pierson complained to Facebook about the photo and asked to remove it, the company chose to leave it instead. Facebook replied to the complaint by saying that it was not clear whether the reported photograph infringed any copyrights.
A Facebook representative also said, “It appears that the content you reported is being used for the purposes of commentary or criticism. For this reason, we are unable to act on your report at this time.”
The takedown notice was sent in March of last year and yet no action has been taken and the post is still online. As a result of which Pierson filed a copyright infringement lawsuit against Facebook. Pierson’s complaint states, “Facebook did not comply with the DMCA procedure on taking the Photograph down.
As a result, Facebook is not protected under the DMCA safe harbor as it failed to take down the photograph from the website.” Pierson demands a trial by jury and demands compensation for the damage she suffered.