One Image Can Create A Copyright Problem: What Businesses Should Know Before Using Photos In Marketing

A $200 Copyright Judgment Still Required Years of Federal Litigation 

Using a photograph in a business social-media post can feel routine. Someone needs an image for Facebook, a blog post, an email campaign, or a new page on the company website. An employee finds something that works, adds it to the content, and moves on to the next marketing task. 

A federal copyright case involving Prepared Food Photos, Inc. and Food Town Mart demonstrates how that seemingly minor decision can become a much larger problem. 

Prepared Food Photos sued NOFAL, LLC, which operated Food Town Mart, over a single photograph of raw pork chops posted on the store's business Facebook page. The case eventually went to a jury trial. The jury found that the business infringed the copyright and that its use was not fair use, but it also found that the infringement was not willful.