Christopher Sadowski, a photojournalist from New Jersey, has filed a lawsuit against Fortner Services Inc., operating as Fortner Pest Control, for alleged copyright infringement. Sadowski, who has been published in various prominent outlets, including the New York Post and USA Today, has built a reputation not only for his award-winning photography but also for his diligent efforts to protect his intellectual property. Over the years, he has filed multiple copyright infringement claims against various parties for unauthorized use of his work (See previous blog posts about these suits here, here, here, and here.).
As a self-employed photographer, Sadowski owns the rights to his work and licenses his photographs under terms that retain his copyright. The current suit states that in 2022, Sadowski created a photograph titled “112120rat5CS,” which was registered with the U.S. Copyright Office in December 2022. The photograph was later licensed to the New York Post and appeared in an article, with appropriate attribution to Sadowski.
Fortner Services, a pest control company based in Bedford, Indiana, operates a website and maintains a presence on social media. On December 13, 2023, Fortner allegedly displayed Sadowski’s
Sadowski discovered the unauthorized use in January 2024 and subsequently notified Fortner in writing. Despite this, the photograph allegedly remained online. In his lawsuit, Sadowski seeks a declaration from the court that his copyright has been infringed, along with a determination that the infringement was willful. He is also requesting damages, which may include actual damages or statutory damages, and reimbursement for his legal fees. Additionally, Sadowski is requesting the court to issue a permanent injunction preventing Fortner from further using or distributing the photograph without proper authorization.
The case has been assigned to Judge Sarah Evans Barker and Magistrate Judge M. Kendra Klump in the U.S. District Court of Southern Indiana Case No. 1:24-cv-02196.