CBS Radio 375

In what has become an all-too-common occurrence, another broadcaster was served with a copyright infringement lawsuit over unauthorized use of a photograph on a radio station website. This time the defendant is CBS Radio but the law firm that filed the suit is a name well known to other broadcasters.

Los Angeles based photographer Joshua Withers claims CBS Radio posted his copyrighted photo of Metallica in concert on the website of classic hits KOOL-FM Phoenix (94.5). The photo of the band appeared as part of a story entitled, “What is Metallica Going To Do Now?” Withers claims CBS Radio didn’t license the photo or have his permission to publish it. “Defendant is not, and has never been, licensed or otherwise authorized to reproduce, publically display, distribute and/or use the Photograph,” the suit claims. Filed in United States District Court for the Southern District of New York, the complaint seeks damages of up to $150,000 along with interest and legal fees.

Withers is being represented by New York attorney Richard Liebowitz, who also represents a number of other photographers suing radio broadcasters and media companies in similar copyright actions, including ongoing proceedings against Univision, Cumulus, Entravision and Townsquare Media.