Andrew Paul Leonard Awarded $1.6 Million For Copyright Infringement

Posted on 11/13/2013 by Jim Pickerell | Printable Version | Comments (0)

Attorney Edward Greenberg reports that Andrew Paul Leonard, a professional photographer who specializes in creating images of microscopic subject matter using a scanning electron microscope (“SEM”) has been awarded $1.6 million in his copyright infringement lawsuit against Stemtech Health Service.

In 1995, Leonard created photographs of human bone marrow stem cells. Stemtech Health Services, a direct sales company that markets and sells nutrition supplements, copied and displayed some of these photos on websites, in publications, and in video presentations without authorization. The photos were also displayed on websites of various distributors of Stemtech’s products.

Leonard filed suit in 2008 for direct copyright infringement. After 5 years of litigation a jury found that Stemtec Health Service had infringed Leonard’s copyright and he was awarded $1.6 million in actual damages in a jury decision.

Could Have Been More

Leonard could have received more if the images had been registered before infringement. He did not register the copyrights to his photos until after the infringements at issue started. Therefore, he was only eligible for actual damages, not statutory damages. This case points out that while it is best to register images before an initial use significant awards can be achieved, in certain cases, even when the images are not registered until after the infringement.

Mr. Leonard, a client of Edward Greenberg, commenced an action in the United States District Court For The District of  Delaware (08-067-LPS-CJB).  His trial attorneys (James S. Green and Jan I. Berlage) sought money damages under the Copyright Law for direct, contributory and vicarious infringement. More on this case can be found at

Copyright © 2013 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-461-7627, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to:  


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