Walmart Files Suit Against Photographer's Widow - PPA Today

Walmart Files Suit Against Photographer's Widow

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Professional Photographers of America (PPA)

on May 12, 2014 11:45 PM | Permalink

Your typical copyright infringement involves one photographer stealing another photographer's images, or reproducing copyrighted images without permission. But in this case, it's the largest retailer in the world bullying a small Arkansas studio.

Walmart and its founding family, the Waltons, have filed suit against Helen Huff, the widow of Arkansas photographer David A. Huff.

David Huff's studio, Bob's Studio of Photography, was founded by his late father, Robert A. Huff, in 1946, and created portraits of the Walton family before the expansion of Walmart grew them into one of the wealthiest families in the world. But now Walmart and the Walton family are demanding that Helen Huff hand over those works.

The complaint states that they (the Waltons) seek to obtain six or more boxes of photos, negatives, and proofs, alleging that over the years, Bob's Studio retained those items "as a courtesy" to Walmart and their family (they didn't). The complaint further states that the Waltons own intellectual property rights to the photos (they don't). The fact is, under federal law, photographers own the copyrights to their own works.

Little explanation is provided from the Waltons about the basis of their claim. They even took a swipe at offering Huff $2,000 for all the images, although they are worth much, much more.

PPA has been working with Huff to support her case and thereby advocate for photographers' copyrights.

"It's a total David vs. Goliath situation," says PPA CEO David Trust. "We simply can't remain idle and allow this to happen--it would set a terrible precedent and goes, flat out, against copyright law. PPA as an association stands behind Ms. Huff and supports her case as the rightful owner of these images. We have contacted her lawyers and offered to file an amicus brief* when and if that time comes."

*What's an amicus brief, you ask? It's is a legal opinion or testimony that is volunteered by a "friend of the court" who is not a party to a particular lawsuit but has a strong interest in the case. It is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case. 

PPA also advised Huff and her attorney of a separate suit, Natkin v. Winfrey, in which Oprah Winfrey claimed she owned the rights to photos of her created on her set. Since the photographers were hired as independent contractors and had not signed work-for-hire contracts, they owned the full copyrights for the images, and Winfrey's argument was swiftly rejected by the court.

Walmart filed its lawsuit against Helen Huff in state court, but because it is a copyright issue, Huff's defense removed it to federal court. The defense argues in its answer to the Walmart complaint that Huff owns copyrights to all the works her late husband and father-in-law created for the Walton family, and that they worked as independent contractors for the Walton family. In addition, Huff's defense filed a counterclaim of copyright infringement, alleging that in the past Walmart has reproduced and allowed third parties to use Bob's Studio of Photography's copyrighted works. Huff and her attorney are awaiting Walmart's answer.

"You can never say what will happen in court, but this seems to be absolutely in conflict with copyright law," Trust says.

PPA always stands for photographers' copyright protection. As such, we will continue to provide information as these cases develop. Check back this blog for updates!