The complaint
Bee Creek Photography, LLC v. X Technologies, Inc., No. 5:26-cv-07076 (W.D. Tex.), is a 13-page complaint filed November 5, 2026 in the San Antonio Division, with a jury demand. Bee Creek is a Texas commercial photography studio based in Travis County. X Technologies is a Texas corporation based in San Antonio that the complaint describes as a federal government contractor whose website markets engineering, information technology, cybersecurity, manufacturing, and mission-support services.
The photograph
The complaint says photographer Tod Grubbs created an aerial photograph of the San Antonio skyline at dusk featuring the Tower of the Americas, first published it August 27, 2018 on the studio's website, and that it was registered November 2, 2018 under Registration No. VA 2-125-494. It says Grubbs assigned his rights, including accrued claims, to a general partnership on July 1, 2022, and that the partnership assigned them to the plaintiff effective April 1, 2024. The Copyright Office record for VA 2-125-494, a group registration of 346 published photographs published August 3 to October 24, 2018, with a registration date of November 2, 2018, names Tod Grubbs as author and claimant.
What it alleges
The complaint alleges that beginning no later than May 28, 2019 the company displayed the photograph as the banner image at the top of its website home page, beneath its logo, and that archived captures show its copy hosted on the website's storage from at least March 15, 2021 through at least February 19, 2024. It says Bee Creek first observed the use on December 16, 2023, sent a cease and desist demand through counsel on or about February 20, 2024 and a follow-up on or about May 5, 2025, and that the company declined to pay and asked Bee Creek to consider the matter resolved. It alleges, on information and belief, that although the company removed the photograph from its home page, its full-resolution copy remains publicly accessible from its hosting account. It also alleges, on information and belief, that the company controls its website content through representatives, including the web designer that, according to the company, sourced the photograph.
The claims and relief
The First Cause of Action pleads direct copyright infringement under 17 U.S.C. 501 and calls it willful. The Second Cause of Action pleads vicarious copyright infringement. Bee Creek asks for actual damages and profits or statutory damages under 17 U.S.C. 504, costs and attorneys' fees under 17 U.S.C. 505, an injunction under 17 U.S.C. 502, and pre-judgment interest.