On Tuesday 16th April a Law suit was filed by photographer Jill Greenberg who claims the advertising agency Dentsu McGarry Bowen and the consumer product manufacturer the Clorox Company allegedly misused licensed portraits of cats on glass.
Greenberg licensed her photographs of cats on glass to McGarry Bowen and Clorox in October 2017 for the purposes of a marketing campaign for CloroxÂs ÂFresh StepÂ cat litter. According to the suit, the contract allowed for use of the photographs for a Âone time project of limited usage and duration.Â The contract also Âspecifically excludes use of any copyrighted photographs in any video formatÂ the complaint said.
Despite this Greenberg has also complained that Clorox and McGarry Bowen modified the photographs and incorporated them into promotional online videos, as well as featuring the works in pop up galleries in New York and Los Angeles. The promotional videos were broadcast on various platforms including social media and the ÂEllenÂ TV Programme. The photographer also alleges that the photographs were converted into mobile and desktop wallpapers and marketed as Âexclusive works of art from our cats on glass gallery.Â
The photographer is seeking damages, direct and indirect profits and licensing fees from the defendants as the companyÂs use of her photographs went beyond the agreed scope of a licensing contract.