Photographer sues Netflix for copyright infringment in 'Stranger Things', 'How It Ends'
Sean R Heavey claims his supercell photos were featured without his consent or compensation
PHOTO: THE OUTER HAVEN
Earlier this week, photographer Sean R Heavey from Glasgow filed a lawsuit against online streaming giant Netflix, reported The Great Falls Tribune.
'Stranger Things' sued for theft of concept
The lawsuit claims that the media company used one of his supercell photos for the storms that were shown in Stranger Things and How It Ends. It, therefore, accuses Netflix of copyright infringement.
Heavey recognised a cloud shown in episode three of Stranger Things which resembled his picture of a supercell. While discussing the vision of the show in Beyond Stranger Things, a concept art photo was featured that seems to have been built from Heavey's cloud photo.
The photographer shared a side-by-side photo of the two storms and wrote, "Do you think the cloud in the top - Strange Things - image is my photograph? Netflix is saying the one they used is 'a similar cloud formation' and I can't copyright storm clouds in general. But to me it's not a 'similar cloud formation' but MY cloud formation."
Later, in the last 42 minutes of Netflix's original film How It Ends, a supercell is shows hovering above the characters. Heavey again argued that the company used his photo to design the storm.
He filed a suit in US District Court in Great Falls with an attorney who specialises in visual artists and copyright infringement. The lawsuit stresses on the hard work put in by Heavey to obtain the photo. He had tracked and followed the storm for hours, and then combined four vertical panoramic photos into one to show the full scale of the stormcell.
The complaint reads,"The photo is the result of numerous sequences of experimentation by Sean with various framing, exposure, shutter speed and movement options." Heavey had registered his photo in November 2010 with the United States Copyright Office.
Netflix hasn't responded to the publication's request for a comment, however, its attorney Jarin Jackson sent a letter to Heavey. It stated that the "concept art is not virtually identical". It also claimed that the concept art photo has a small child looking over Stranger Things' fictional city whereas Heavey's photo does not.
The letter also told, "The only similarity that exists between the Artwork and Mr Heavey’s photograph is the use of similar cloud formations. Copyright law, however, does not protect objects as they appear in nature."
Science fiction-horror web series 'Stranger Things' soon to have an aftershow
Heavey commented that despite repeated attempts, Netflix has failed to remove the infringed material.
The lawsuit is currently looking to prevent Netflix from using the photo in any way without permission. It's also seeking damages of an unspecified amount and legal fees.
Have something to add to the story? Share in the comments below.
'Stranger Things' sued for theft of concept
The lawsuit claims that the media company used one of his supercell photos for the storms that were shown in Stranger Things and How It Ends. It, therefore, accuses Netflix of copyright infringement.
Heavey recognised a cloud shown in episode three of Stranger Things which resembled his picture of a supercell. While discussing the vision of the show in Beyond Stranger Things, a concept art photo was featured that seems to have been built from Heavey's cloud photo.
The photographer shared a side-by-side photo of the two storms and wrote, "Do you think the cloud in the top - Strange Things - image is my photograph? Netflix is saying the one they used is 'a similar cloud formation' and I can't copyright storm clouds in general. But to me it's not a 'similar cloud formation' but MY cloud formation."
Later, in the last 42 minutes of Netflix's original film How It Ends, a supercell is shows hovering above the characters. Heavey again argued that the company used his photo to design the storm.
He filed a suit in US District Court in Great Falls with an attorney who specialises in visual artists and copyright infringement. The lawsuit stresses on the hard work put in by Heavey to obtain the photo. He had tracked and followed the storm for hours, and then combined four vertical panoramic photos into one to show the full scale of the stormcell.
The complaint reads,"The photo is the result of numerous sequences of experimentation by Sean with various framing, exposure, shutter speed and movement options." Heavey had registered his photo in November 2010 with the United States Copyright Office.
Netflix hasn't responded to the publication's request for a comment, however, its attorney Jarin Jackson sent a letter to Heavey. It stated that the "concept art is not virtually identical". It also claimed that the concept art photo has a small child looking over Stranger Things' fictional city whereas Heavey's photo does not.
The letter also told, "The only similarity that exists between the Artwork and Mr Heavey’s photograph is the use of similar cloud formations. Copyright law, however, does not protect objects as they appear in nature."
Science fiction-horror web series 'Stranger Things' soon to have an aftershow
Heavey commented that despite repeated attempts, Netflix has failed to remove the infringed material.
The lawsuit is currently looking to prevent Netflix from using the photo in any way without permission. It's also seeking damages of an unspecified amount and legal fees.
Have something to add to the story? Share in the comments below.