Prepared Food Photos v. Pool World

A company called Prepared Food Photos that created thousands of photographs of food switched in 2016 from licensing photos individually through stock photo services to licensing only through subscription to the entire database for a large monthly fee. Since the change in business model, the company has sent out demand letters seeking payments of $30,000, and filed several hundred copyright infringement lawsuits against people or companies who used the photos online.

In 2023, the company sued Pool World, a store that sells pools and grills, alleging that the store used a stock photo in 2010 without a license. Representing Pool World, we argue that a suit filed in 2023 is many years too late and that, even if the suit were timely, the measure of damages would be based on the market value of the individual photo, not the cost of a multi-year license for the entire database.

In August 2024, Prepared Food moved to dismiss the case without prejudice. On behalf of Pool World, we filed an opposition to the motion, explaining that dismissal, if granted, should be with prejudice. The court agreed and denied the motion. We then moved to compel responses to our request for production of documents about Pool World’s use of threats of infringement litigation to obtain subscribers and documents showing monthly payments lower than $999.