Steven Markos operates a website, National Park Planner (www.npplan.com), that provides first-hand coverage of America 2019s National Parks. Markos travels to National Parks, writes reviews of the Parks, and includes photographs that he took along with the write-ups. As of today, his site includes reviews of 129 Parks and claims to include 3735 written pages and 13,842 photographs. Markos says that Massachusetts Peace Action, a non-profit organization that advocates grassroots organizing to advance political peace, put one of his copyrighted photographs of the Massachusetts State House on its website in connection with a post on a hearing to be held on proposed changes to the state flag and seal and proposed bills that would curtail boycott rights. While the hearing took place in November 2019, Markos did not discover the infringement until January 2020. The fact that it is Markos 2019 photograph is clear, because his notice of copyright and attribution were not removed from the photograph by Massachusetts Peace Action. The case is before Judge Zobel.
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