NBCUniversal Unlawfully Used Photos in Run-DMC Docuseries, Alleges Complaint

Hip-hop group Run-DMC and its brand infringed the rights of photographer Ferrin Green, also known as Shoebio, and his creative agency, Know Your Dope (KYD), when it exploited eight photographs Shoebio created during an Aug. 11, 2023, performance at Yankee Stadium in New York, alleged a copyright infringement lawsuit (docket 1:24-cv-03900) Monday in U.S. District Court for Southern New York.

In arranging for KYD’s “last-minute access” to the stage area before the concert, Erik Blamoville Jr., Run-DMC Brands creative director, contacted Shoebio to retain KYD’s photography services for an opening night “pop-up” event that was going to take place Aug. 9, said the complaint. In a text, Blamoville Jr., said there was no budget to pay KYD’s standard rates, so Shoebio requested pass access for himself and a colleague for the concert and said they would take photos of the live event “in lieu of payment” because it was “likely the last performance by Run-DMC,” it said.

The plaintiffs knew that the value of the photos from the event would likely “be of significant historical and commercial value,” so they were willing to forego their standard rates at the time of the shoot because of future "licensing opportunities their copyrights in the photographs would afford them," the complaint said. On Aug. 10, Blamoville Jr., on behalf of Run-DMC, “texted Shoebio that Run-DMC agreed to grant Plaintiffs press access to the Concert in exchange for Plaintiffs’ photographic services,” it said.

While backstage before the concert, Blamoville Jr. told Shoebio he would receive paperwork from Run-DMC so the parties “could document their understanding concerning credit and compensation with respect to potential use" by Run-DMC and plaintiffs of the concert photographs, the complaint said. Blamoville Jr., “in oral statements to Shoebio, represented to and agreed with Shoebio that, before any of the photographs Plaintiffs captured were used in any way other than on Run-DMC’s noncommercial social media, Shoebio would be notified and the parties would enter into a written agreement concerning the terms of such use, including proper credit and compensation,” it said.

But neither Blamoville defendant, nor other representatives, ever provided Shoebio and KYD with the promised documentation concerning the photos, and the plaintiffs never signed a written agreement with “anyone,” including the defendants, the complaint said. Shoebio delivered the photos via a Dropbox link “for the agreed purpose of displaying them on Run-DMC’s social media,” it said.

In late 2023 and early 2024, the plaintiffs had discussions with multiple third parties, including a museum and art galleries, about releasing limited edition sets of the “photographic fine art prints” of the photographs "due to the one-time nature of the event” and “the uniqueness and artistic skill” involved in Shoebio’s photographs, the complaint said.

Without the plaintiffs’ knowledge or consent, Run-DMC distributed the photos to NBCUniversal, Peacock and Believe Entertainment for use in the documentary series Kings From Queens produced by Believe Entertainment and released by NBCUniversal’s Peacock TV, without Shebio's authorization and without attribution to him, the complaint said. “On information and belief," it said, Erik Blamoville Sr., “who holds himself out as a representative and agent of Run-DMC," represented to NBCUniversal, Peacock and Believe Entertainment "that he was the author of the Photographs and therefore had authority to license them to NBCUniversal, Peacock, and Believe Entertainment for use in the Docuseries,” the complaint said.

Despite Shoebio’s verbal agreement with Blamoville Jr., defendants Run-DMC Brand, NBCUniversal, Peacock TV, Believe Entertainment Group, Blamoville Jr. and Blamoville, Sr., “intentionally and unlawfully” used the photos in Kings From Queens," alleged the complaint.

On Feb. 1, Shoebio attended a screening of the first two episodes of the docuseries, which was the first time he became aware that his photos had been included, alleged the complaint. He “did not and has not licensed or authorized any” of the defendants “to publish, reproduce, display, or distribute” them in the series, it said. On Feb. 2, the plaintiff sent the defendants notices concerning their “unauthorized use” of the photos and requested that the parties enter into a licensing agreement for them, with photo credits going to Shoebio, it said.

Believe Entertainment responded and suggested entering into a licensing agreement for the photographs “but never followed through” and didn’t respond to subsequent emails, the complaint said. “On information and belief, Believe Entertainment did not enter into a licensing agreement with Plaintiffs because Blamoville Sr. impermissibly interfered with the negotiations,” it said. NBCUniversal and Run-DMC didn’t respond to Shoebio’s notices “concerning their unauthorized use” of his photographs in the series, it said.

Believe Entertainment told Shoebio on Feb. 12 that his photographs had been removed from the docuseries two days before, and on Feb. 20, an attorney for Run-DMC sent the plaintiffs a letter demanding that they cease and desist from any communication with “NBCUniversal and Believe Entertainment, wrongfully claiming that Run-DMC owned all rights” to the photos and threatening them with legal action, the complaint said.

On Feb.16, Shoebio applied for registration of the photographs with the U.S. Copyright Office, said the complaint. The photos are registered with the U.S. Copyright Office with Registration No. VAu001523519, it said.

The defendants have profited from their unauthorized reproduction, display and distribution of Shoebio's Run-DMC photographs, alleged the complaint. The plaintiffs have suffered damages caused by the defendants’ “interference with Shoebio’s exclusive rights in and to” the photos and the copyrights to them, it said. That includes lost profits, and diminution of the value of the copyrights to the photographs, “particularly since the Photographs concern what is likely to be the last performance by the artist group Run-DMC, which on information and belief, has now formally separated,” it said.

The plaintiffs assert claims of copyright infringement, providing false copyright management information, misrepresentation and tortious interference with economic relations vs. the Blamoville defendants and Run-DMC; they bring breach of contract and unjust enrichment claims against all defendants. The defendants didn't comment Tuesday.