VERIFIED COMPLAINT
Plaintiff,
Index No.
This action arises out of the Defendants wrongful taking and then subsequent
Youssef only became aware of the wrongful use of her image when the
https://www.washingtonpost.com/news/acts-of-faith/wp/2015/12/21/as-muslim-women-weactually-ask-you-not-to-wear-the-hijab-in-the-name-of-interfaith-solidarity/.
4.
The article, entitled As Muslim women, we actually ask you not to wear the
hijab in the name of interfaith solidarity (the Article), as of January 18, 2016, has over 1,080
comments and prominently features the Plaintiffs image:
5.
entitled Wear a Hijab day, encouraged readers to not wear a headscarf in solidarity with the
ideology that most silences [muslin women], equating our bodies with honor. Stand with us
instead with moral courage against the ideology of Islamism that demands we cover our hair.
6.
7.
Defendant Lenninhan took the image with the sole intention of selling its rights,
and the AP, did in fact, sell the rights to Plaintiffs image
8.
As a result, Defendants have violated New York Civil Rights Law 50 and 51.
THE PARTIES
9.
Plaintiff YOUSSEF is, and at all times relevant to this action has been, an
11.
and existing under the laws of New York with its principal executive office located at 450 W
33rd Street, New York, New York.
12.
That at all times hereinafter mentioned, defendant AP owns and operates the
website http://www.apimages.com/.
14.
Upon information and belief, Defendant LOCAL MEDIA GROUP, INC. creates
Upon information and belief, Defendant AP sells and/or licenses images on the
website http://www.apimages.com/.
17.
Upon
information
and
belief,
Defendant
AP
created
the
website
18.
That at all times hereinafter mentioned, the defendant Lenninhan, was, and still is,
Upon information and belief, Defendant Lenninhan is an individual who took the
located
at
the
url
http://www.apimages.com/metadata/Index/Earns-
Starbucks/a4d062c5d05c42c094e18d739b86679f/140/0.
The Court has jurisdiction over Defendants because they conduct business in the
State of New York and have otherwise committed acts giving rise to personal jurisdiction over it
in New York within the meaning of C.P.L.R. 301 and 302(a).
21.
22.
On or about December 16, 2015, while on a coffee break from work, Plaintiff was
24.
At no point in time did Defendant Lennihan inform Plaintiff that he was taking
her image.
25.
Upon information and belief, Defendant Lennihan did not ask Plaintiff for her
26.
There was nothing newsworthy about Plaintiff looking at her cell phone or sitting
in Starbucks.
The Site is created with the intention of selling and licensing images to users. As
29.
The Site touts that it offers superior accessibility with expanded e-commerce and
Users can purchase the images [they] need immediately on [the] site or set up a
According to its terms of use, the Site and Site Elements are intended solely for
AP customers. You may not use this Site or any Site Elements for any purpose not related to
Your business with AP (See Exhibit A) (emphasis added).
32.
On December 18, 2015 at 8:27:55 a.m., Defendants image was listed on the Site
34.
The image is captioned A woman pays attention to her iPhone while seated in a
Defendant AP.
36.
PRESS.
37.
Three keywords are associated with the image hijab, Muslim, Islam.
38.
The Usage Notes state this content is intended for editorial use only. For other
Pursuant to the License Terms, editorial use means an image for editorial,
factual, educational, news, informational and/or historical purposes, including in order to depict
persons, places or event of public interest (See Exhibit B).
40.
However upon information and belief, in order to use the photographs for
editorial purposes, a License Agreement or Invoice must first be purchased and/or obtained
41.
Finally, a tab next to the image states Get price. In order to access the price list,
42.
43.
Defendants offer the image for sale to any member of the public who registers
Although the image is labeled editorial use, the website still requires a fee for
that use.
45.
Upon information and belief, the AP lists the photographs as part of its commerce
trade. Mainly, had the AP not listed photographs, no one out pay their licensing fees.
46.
In fact, upon information and belief, the AP allows for advertising and trade use
10
On December 21, 2015 the Washington Post ran an article entitled As Muslim
women, we actually ask you not to wear the hijab in the name of interfaith solidarity.
48.
Immediately after the heading, the Washington Post used Plaintiffs photograph.
49.
The photograph was captioned A woman pays attention to her iPhone while
Upon information and belief, the Mark Lennihan/AP means the photograph was
The article describes the use of a hijab, or ritual head covering used by Muslim
women, as an ideology that promotes a social attitude that absolves men of sexually harassing
women and puts the onus on the victim to protect herself by covering up.
52.
The article goes on to state that the mandate that women cover their hair relies
on misinterpretations of Koranic verses, and that a hijab carries the negative connotation of
being an actual or metaphorical obstacle.
53.
solidarity with the ideology that most silences us, equating our bodies with honor. Stand
with us instead with moral courage against the ideology of Islamism that demands we cover our
hair.
54.
The article has over 1,080 comments. Speaking of the controversy of the article,
one author stated Thank you so much for your support and intellect on this article. We have
received a backlash that is been personal, fierce and vile, at times. The backlash confirms our
thesis and reflects, to us, the extent to which the headscarf is a symbol of the ideology of political
Islam that we described here.
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55.
One inflammatory comments states I'm fine with muslim women wearing a
scarf...just wear it where I don't have to look at it. It is against my religion to have to look at it
because it reminds me of a religion that does not allow women to hold a job, drive a car, vote,
walk out in public unescorted, get a decent education, etc.
56.
The photograph and article has been shared across multiple websites, including
When doing an image search, Google images indicates that the photograph has
been transmitted across, at a minimum, 118 search results (see Exhibit C).
58.
Plaintiff has been dismayed and deeply emotionally upset by defendants use of
her photograph for advertisement and trade purposes, classifying her as hijab, Muslim, Islam.
Plaintiff repeats and realleges the allegations stated above as if fully set forth
60.
herein.
Any person whose name, portrait, picture or voice is used within this state
for advertising purposes or for the purposes of trade without the written
consent first obtained as above provided may maintain an equitable action
in the supreme court of this state against the person, firm or corporation so
using his name, portrait, picture or voice, to prevent and restrain the use
thereof; and may also sue and recover damages for any injuries sustained
by reason of such use if the defendants shall have knowingly used such
persons name, portrait, picture or voice in such manner as is forbidden or
declared to be unlawful by section fifty of this article; the jury, in its
discretion, may award exemplary damages. (emphasis added).
61.
Defendants, by their acts alleged and described herein, have violated Section 51
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