A photographer has sued the Detroit Lions for allegedly using his photo of former football star Barry Sanders to design a statue of him.

According to a report by Michigan Live, the Detroit Lions unveiled an 8-foot statue of Sanders outside Ford Field stadium in Downtown Detroit in September 2023.

In a lawsuit filed last week, photographer Allen Kee claims that the sculpture of the former football star is based on an image that he took of Sanders in action during the Detroit Lions game against the Pittsburgh Steelers.

According to the photographer’s lawsuit, the Detroit Lions published a YouTube video about the making of the sculpture called “Sculpting Barry: The Making of Lions Legend Barry Sanders’ Statue” one week after the statue’s unveiling last year.

In the YouTube video, which remains online, a blown-up copy of Kee’s photograph of Sanders can be seen hanging directly behind the clay mold of the statue as the sculptors work on it in a studio.

At another point in the YouTube video, one of the statue’s sculptors also acknowledges that they intended to “recreate” Kee’s photograph in the statue.

“We have a photo that’s considered the most iconic running photo ever taken of Barry Sanders,” the sculptor is heard saying in the footage.

“That’s what’s being re-created in this sculpture.”

A Statue Based on a Photograph

Kee, who has been a sports photographer for more than three decades, claims the Detroit Lions used his photo of Sanders for the statue without his consent.

Michigan Live reports that Kee, who was working as a freelance photographer when the photo was taken, says he was not an employee of any entity or organization at the time he created the photograph and did not create the image under any “work for hire” arrangement or contract.

Kee is now suing the Detroit Lions, as well as Getty Images, NFL Properties, NFL Enterprises, Fanatics, Dick’s Sporting Goods, McFarlane Toys, and others in the U.S. District Court for the Southern District of New York, for direct, contributory, and/or vicarious copyright infringement.

The photographer alleges that he never granted an exclusive license regarding the photograph to any person or entity, nor photograph sub-licensing to customers, along with other photographs he created during the same game.

However, Kee admits that he did submit the image of Sanders to “NFL Photos” — a licensing agency created, owned, and operated by the NFL that was dedicated to licensing and distributing photos by freelance photographers at NFL games.

However, NFL Photos ceased operation in 2004. Furthermore, Kee claims he did not relinquish his copyrights to the agency, created, nor did he grant the NFL or any of its subsidiary entities any license or rights to use the photo without purchasing an additional usage license.

The photographer is suing Getty Images for never giving them consent to resubmit his photo for relicensing and McFarlane Toys for profiting off three figures of Sanders figures allegedly based on Kee’s image.

Kee is asking for an undetermined amount of relief in the lawsuit, as well as a permanent injunction prohibiting the defendants from copying, displaying, distributing, advertising, promoting, and/or exploiting in any manner his copyrighted work.

Image credits: Feature photo via YouTube/Detroit Lions.

.

Ryan J. Childress, local Westerville photographer, could have never imagined that a photo he took at his daughter’s Christmas parade would garner national attention and provoke a city-wide scavenger hunt for a man in a green jacket.

On December 3, Childress captured a photo of a gentleman in a green jacket saluting as the service flag corps made its way down the street, marching proudly in the parade. 

“The man caught my attention because he reminded me of my own father,” Childress explained. “He stood in the cold wearing a retro styled bright green shiny jacket, and a cap to keep his head warm.  I immediately smiled and appreciated his presence…At that time, taking a photo was not even on my mind, as my concentration was directed at the servicemen walking [in the parade].  It was then that ‘the man in the green jacket’ lifted his right arm to salute that American flag.  Aware of what was happening, I quickly raised my camera and snapped off two shots roughly 20 seconds apart.”

When going through the photos later on, Childress realized he caught a touching moment, and asked around on social media in hopes that he could give the image to the man. Within hours of posting the picture to search for him, there were around 20,000 shares and 1.5 million views of the image.

“The post had become a movement that people could get behind. The story that none of us knew we needed.  A search for a cute little man saluting his flag, so he could be presented a gift of gratitude for his simple gesture.  A fairytale of sorts,” Childress emphasized.

BROUGHT TO YOU BY

But even with the millions of views and thousands of shares, the man in the green jacket couldn’t be found, and Childress eventually started losing hope. After hundreds of leads later though, a family member reached out to him, and Don (the man in the green jacket!) and his wife Susan agreed they should meet in-person so that Childress could gift him the print of the photograph.

“We met at a local coffee shop and greeted each other.  After getting a couple of drinks ordered up, we sat down together at a small table in the corner.  We all looked at each other and began to laugh.  We were bonded from that day forward.  Together we had gone through the craziest week of social media that any of us had ever witnessed, and we were in the middle of it all,” said Childress. 

Childress said that Don is, “exactly what we all hoped for; kind, humble, shy, soft spoken, and proud. I truly could not have asked for a better subject for one of my photographs.”

In response to the image, Childress began selling prints of it, with all proceeds donated to a local Veteran based charity called Honor Flight Columbus. You can check out Childress’ photos here, and even buy the print there, too!

Want to read more? Check out our print publications, (614) Magazine and Stock & Barrel. Learn where you can find free copies of our newest issues here!

BROUGHT TO YOU BY

Understanding the source of inspiration in photography is critical for both budding and seasoned photographers. It’s not just about the aesthetic appeal of an image, but also about its soul and the story it tells. This is essential for photographers to grow artistically and avoid stagnation in their craft.

Coming to you from Justin Mott, this thought-provoking video challenges photographers to rethink their sources of inspiration. Mott emphasizes that many popular photography destinations focus more on entertainment than on the art of photography. He argues that this can mislead photographers, as these channels often lack originality and depth in their imagery, leading creatives to fall into chasing trends. Mott’s critique is not of the entertainment value, but of their limited contribution to developing photographic skills and creativity. He encourages viewers to look beyond the allure and to seek inspiration that pushes their boundaries and fosters genuine growth in their art.

Mott goes on to discuss the distinction between being good at YouTube and social media and being good at photography. He points out that many successful case are excellent storytellers of their own journeys, but may lack depth in their photographic work. This, according to Mott, can result in a homogenized, cookie-cutter approach to photography that stifles creativity. His advice is to explore the works of classic and contemporary photographers who are renowned for their storytelling through imagery. By doing so, photographers can develop a more nuanced understanding of what makes a photograph truly compelling and emotionally resonant.

His insights offer a fresh perspective on finding meaningful inspiration and developing a more profound photographic practice. Check out the video above for the full rundown from Mott.