On February 11, 2011, Atlanta real estate and architectural photographer, Iran Watson (“Watson”), created a photograph of the Atlanta skyline that he entitled “Atlanta Westin Towers Twilight.”  As alleged and shown in his complaint, Watson took the precaution of adding a digital watermark to the photo containing his name and providing notice of his copyright.  The image of the photo, included in the complaint, is presented below.

Watson alleges that he had not given Kappa permission to use his image and when he contracted them regarding their unauthorized use, they offered to pay him $10 for the use of the photo.  Thereafter, Watson secured counsel and brought his complaint for copyright infringement pursuant to 17 U.S.C. § 501 and removal of copyright management information pursuant to 17 U.S.C. § 1202(b).  For relief, Watson seeks an injunction, a product recall, impounding, actual and statutory damages, attorney fees, and other relief.