The complaint

Massery v. McKim and Creed, Inc., No. 2:26-cv-01895 (W.D. Pa.), was filed September 10, 2026 (10 pages). The plaintiff is Ed Massery, an architectural photographer in Allegheny County, Pennsylvania. The defendant is McKim and Creed, Inc., a North Carolina corporation with offices in Pittsburgh and Sewickley, Pennsylvania. The complaint demands a jury trial. (Compl. caption; paras. 1 to 2, 10.)

The works

Massery alleges he created and owns three groups of photographs: images of a medical outpatient center in Hampton Township registered as VAu 1-290-117 (effective September 19, 2017), and images of the redeveloped former produce terminal in Pittsburgh's Strip District registered as VAu 1-419-722 (effective January 20, 2021) and VAu 1-564-941 (effective August 12, 2025). He alleges each image combines elements of several photographs and lighting conditions. (Compl. paras. 18 to 35.)

What it alleges

The complaint alleges that in early September 2024 Massery learned from a conversation with someone at McKim and Creed that the firm might be using his photographs, that he found them displayed on its website and captured screenshots on March 17, 2025, and that the firm kept displaying them after that conversation. It alleges the displayed images are identical to his works and that the infringement was willful. Counts I to III allege infringement under 17 U.S.C. 501(a), one count for each registration. (Compl. paras. 36 to 71.)

Relief sought

Massery asks for a permanent injunction requiring removal of the photographs, actual damages and the defendant's profits under 17 U.S.C. 504(b) or, alternatively, statutory damages of up to $150,000 per infringement under 17 U.S.C. 504(c), attorneys' fees and costs under 17 U.S.C. 505, and interest. (Compl. Prayer a to f.)

Docket activity

The court entered an order reassigning the case on September 15, 2026 and an order on September 25, 2026 (ECF No. 5) that is not available for free online. In October, two motions to withdraw an attorney's appearance were filed and the court ruled on each. (ECF Nos. 5, 7, 12; minute entries of Sept. 15, Oct. 13, and Oct. 19, 2026.)