A sports photographer has initiated a legal battle against the Detroit Lions, alleging unauthorized use of his photograph for the creation of a Barry Sanders statue. The lawsuit, filed in a federal court, accuses the football team of using his image for the statue's design without his consent.
Unveiled in September 2023 outside Ford Field, the sculpture was reportedly modeled after a photo captured by Allen Kee during a Lions game against the Pittsburgh Steelers on September 3, 1995. Kee, who was freelancing at the time, asserts he wasn't working under any contract that relinquished his rights to the photograph.
On January 11, Kee launched a lawsuit against not only the Detroit Lions but also entities like Getty Images, NFL Properties, NFL Enterprises, Fanatics, Dick’s Sporting Goods, McFarlane Toys, among others. He seeks unspecified damages and a permanent injunction to prevent further unauthorized use of his photograph.
Kee has over 30 years of experience in sports photography and holds sole ownership and copyright over the image in question. The 8-foot bronze statue was revealed in a private ceremony and has been a public display throughout the 2023 season.
Controversy arose following the Lions’ release of a video titled “Sculpting Barry: The Making of Lions Legend Barry Sanders’ Statue,” wherein a blown-up version of Kee’s photo is visible behind the clay model. A sculptor in the video mentions their intention to precisely replicate the iconic image of Sanders.
Furthermore, Kee’s attorneys argue that the photographer never granted an exclusive license for the photo, despite having submitted it to NFL Photos, a now-defunct licensing agency. Kee claims his original slide was never returned after the agency's closure in 2004.
The Lions have not responded to requests by reporters for comment on the matter.
You can't sue someone because they saw your photo (maybe?) and turned it in to a 3d object. Stretching it
"Controversy arose following the Lions’ release of a video titled “Sculpting Barry: The Making of Lions Legend Barry Sanders’ Statue,” wherein a blown-up version of Kee’s photo is visible behind the clay model. "
Classic case of a derivative work copyright infringement with absolute proof in that video that seals the deal for the court case. Should be a well deserved payday for the photographer.
If I were the photographer, I would be pleased that they selected my photo as a reference. I don't think there use of the photo impacted the photographer's earnings. On the contrary, if he is selling copies, it could even increased sales, given that it contributed to the popularity of his photograph.
Good for Him I hope he takes all of them to the cleaners! Too much plagiarism going on world wide!