On October 18, 2010, Abilene Christian University filed a declaratory judgment copyright action in the Northern District of Texas (pdf copy of the complaint in Abilene Christian University v. Ewing found here). Abilene Christian claims that it hired Gerald Ewing, a freelance photographer, to shoot various photographic projects, including sporting events. According to Abilene Christian, it never entered into a written contract with Ewing, although it pay him over $250,000 for his work over the course of a decade. Ewing conveyed his works to Abilene Christian, and it has been Abilene Christian’s understanding that it was free to use the works how it wished. But, in July 2010, Ewing complained to Abilene Christian that one of his photographs (of Johnny Knox, an Abilene Christian alumnus and current Chicago Bears professional football player) was being displayed in a local restaurant. Ewing then began to complain about Abilene Christian’s use of his other photographs.
On September 16, 2010, Ewing, through his attorney, sent Abilene Christian a cease and desist letter, asserting copyright infringement. Abilene Christian then filed its declaratory judgment lawsuit, which seeks a declaration that it has not committed copyright infringement and that it has an unrestricted license to use Ewing’s works.
Abilene Christian is represented by Roy Longacre, of Wagstaff, Alvis, Stubbeman, Seamster & Longacre, L.L.P.; and Robert McRae and John Cave, both of Gunn, Lee & Cave, P.C.
The case is pending before Judge Cummings