(CN) – A photographer claims Random House used his photo “Afghan Fighter at Dawn” without permission as the cover of Jon Krakauer’s bestseller, “Where Men Win Glory: The Odyssey of Pat Tillman.” Ed Darack seeks damages for copyright infringement in Manhattan Federal Court.
Darack says he copyrighted his photo in February this year, and Random House published the book in September.
(The photo and the book cover, attached to the complaint, appear identical, save for the title and author information superimposed on the book cover.)
Darack claims Random House signed an agreement with his former subagent, Getty Images, seeking permission to use his photo in a book to be published on Nov. 1, 2013. He claims the “Cover Purchase Agreement” submitted to Getty in February “was not signed by Defendants.”
He claims that after the book was released, Random House “unilaterally” moved the “on sale date … from 11/13 to 9/09.”
Even if Random House had the right to change the date, which Darack denies, he says Getty did not have the right to agree to it, as his new agent, Science Faction, did not agree to it, or had already terminated its agreement with Getty.
Darack seeks damages for copyright infringement, from Random House and Doubleday. Getty is not named as a party.
Darack is represented by Daniel Nelson.