Costco -- Attorneys Say Discount Chain Unlawfully Used Client's Work
Add our name to the growing list of Costco's critics cited in your July 20 cover story (News, "Costco: The empire built on bargains").
We are attorneys for two photographers, including acclaimed nature photographer Galen Rowell, in their federal copyright lawsuit against Costco. This suit claims that Costco made unlawful use of our clients' work, and that of other photographers, by incorporating their photographs into displays promoting Costco's "One Hour Photo Centers."
Copyright law requires businesses to obtain a use license when an artist's work is used for promotional or advertising purposes. However, Costco failed to seek permission from these photographers, and Costco continues to argue that they are under no obligation to pay for the use of these images in their promotional displays.
A Northern California Federal Court judge has already rejected Costco's argument that its use of these images was permissible as a matter of law, and this case is now set for trial. Although Jeff Brotman, Costco's chief executive officer, emphatically states in your article that "We will never do anything illegal . . .," our opinion is that Costco's behavior shows little respect for established copyright law or the rights of photographers.
Jeffrey Berchenko Alan Korn Attorneys-at-law San Francisco, Calif.