Photographer Steven Markos accuses Great American Bike Tours of putting one of Markos’ copyrighted photographs on its website without authorization. Markos, who operates the “National Park Planner” website www.npplan.com, created a photograph in 2018 of a bicyclist in the sand dunes of the Cape Cod National Seashore. Markos registered the copyright that same year. Markos says that Great American Cycle Tours used this photograph on its site to advertise tours through the Cape in 2020. Markos asserts copyright infringement and asks for a determination that the infringement was willful.
Markos is a frequent filer of copyright complaints, having filed 25 such complaints throughout the country over the last several years. Included in these are a pair of complaints Markos filed against Great American Cycle Tours in the Northern District of New York in March 2022 and again in the District of New Hampshire in July, both dealing with the same photograph and the same accused infringements. The New York case was voluntarily dismissed by Markos in June, and the prior New Hampshire case remains pending. It is not immediately clear why this third suit was filed.
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