The Rock & Roll Hall of Fame is facing a lawsuit over allegations that it illegally displayed a copyrighted image of Van Halen, the latest of more than 50 such cases filed by veteran rock photographer Neil Zlozower over the past decade.
In a complaint filed Friday in Ohio federal court, attorneys for the litigious photog say the Rock Hall never paid to license Zlozower’s image – a black-and-white photo of late-70’s Van Halen in the recording studio — before blowing it up into an eight-foot-tall display in the Cleveland museum.
In his lawsuit, Zlozower says that an operation like the Hall, which is full of copyrighted images and sound recordings, ought to have known better.
“Defendant is a sophisticated company which owns a comprehensive portfolio of physical and digital platforms and has advanced operational and strategic expertise in an industry where copyright is prevalent,” his lawyers write. “Defendant’s staff have significant experience in copyright matters and are familiar with specific practices including the need to ensure that all of the works used in their exhibits have been properly licensed.”
A spokesman for the Rock & Roll Hall of Fame did not immediately return a request for comment.
The Rock Hall is just the latest company to face a lawsuit from Zlozower, who also snapped images of Led Zeppelin, The Rolling Stones, Michael Jackson and Bruce Springsteen over a decades-long career. Since 2016, court records show he’s filed more than 57 copyright lawsuits against a wide range of defendants, demanding monetary damages over the alleged unauthorized use of his photographs.
He’s twice sued Universal Music Group, once over an image of Elvis Costello and another time over a photo of Guns N’ Roses, and sued Warner Music Group this summer over an image of Tom Petty. A different case targeted Ticketmaster, accusing the Live Nation unit of using an image of Ozzy Osbourne guitarist Zakk Wylde. In 2016, Zlozower sued Mötley Crüe itself for using images he had snapped of Nikki Sixx, Tommy Lee and other band members during their 1980s heyday.
In his new case against the Rock Hall, Zlozower’s attorneys say the museum made an “exact copy of a critical portion of plaintiff’s original image” for the exhibit, which they say “did not include any photo credit or mentions as to the source of the image.”
“The photograph was willfully and volitionally copied and displayed by defendant without license or permission, thereby infringing on plaintiff’s copyrights in and to the photograph,” the lawsuit reads.
The lawsuit is seeking an award of so-called statutory damages – which can potentially reach as high as $150,000 per work infringed if Zlozower can prove that the museum intentionally infringed his copyrights.
