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Cheryl Miller, a Massachusetts photographer known for her image titled “Sunglass Corner,” has filed a claim for infringement against a New York artist who replicated her photograph as a painting with a new tribunal that could revolutionize how artists challenge copyright violations. Photo courtesy of Cheryl Miller/Copyright Claims Board
Feb. 11 (UPI) — Cheryl Miller, a Massachusetts photographer known for her image titled “Sunglass Corner,” has filed a claim for infringement against a New York artist who replicated her photograph as a painting with a new tribunal that could revolutionize how artists challenge copyright violations.
The photograph, made in 1980, depicts four elderly men outside of a store with the words “Sunglass Corner” written on a storefront window in the Harlem neighborhood of Manhattan, according to documents obtained by UPI.
Miller filed her claim for infringement in August with the Copyright Claims Board, a tribunal established by law in 2020 to provide an alternative to federal court, and is seeking $30,000 in damages — the maximum penalty that can be imposed by the board.
Her case was first reported in the New York Daily News and could set precedents for how lesser-known artists and photographers handle using photographic reference material in their work.
Miller said in the documents that Ladson had sent a text message with the rendering of her photograph to a friend of hers who runs a gallery for consideration for an upcoming exhibition on Dec. 8, 2021.
“As a photographer for over 40 years, ‘Sunglass Corner’ is my signature photographic piece. It is the image that I am known for and is easily recognizable as my work,” Miller said in the documents.
Miller said that her photograph helped launch her career and has been “published and exhibited widely,” with limited edition prints selling for around $1,500 each to collectors.
“Reproducing the image cheapens and devalues it tremendously. I’ve invested years, time and money honing my craft and skill as a self-taught photographer,” Miller said in the documents.
“This infringement has also threatened my reputation as a professional. I can’t have the authenticity of my work questioned at this stage of my career.”
Ladson defended his painting in comments to the Daily News, claiming that “Sunglass Corner” was not the inspiration for his work — despite being a near-identical reproduction of it.
“I got it from Harlem on My Mind,” said Ladson, adding that he was motivated by a photo from the book.
According to the Daily News, there were no photographs that resembled Miller’s in the 258-page book from which Ladson said he found his inspiration.
Miller’s case is among the first to headline-making disputes to be heard by the three-member tribunal, which began hearing cases in June.
The tribunal was established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 to allow creators a small claims court-style system to challenge copyright violations.
“The CCB is accessible to anyone, with or without an attorney. CCB proceedings are designed to be clearly understood and usable by anyone, even without legal training. Users of the CCB are permitted to have an attorney but can also represent themselves,” the website for the tribunal reads.
Under the tribunal system, both claimants and respondents have to agree to participate in CCB proceedings. If they choose, a respondent could opt out of CCB proceedings and choose for the case to be heard by a federal court instead.
