Robert Miller Photographer sues Shorty Awards over a Times Square photograph in an award entry

The complaint

Robert Miller Photographer, LLC v. Shorty Awards LLC, No. 1:26-cv-09655 (S.D.N.Y.), was filed November 4, 2026, ECF No. 1, with a jury demand. The plaintiff is a New York limited liability company through which photographer Robert Miller conducts his photography business, and which owns and licenses his work. The complaint describes the defendant as a Delaware limited liability company, on information and belief based in Miami-Dade County, Florida, that runs shortyawards.com and the Shorty Awards and Shorty Impact Awards competitions.

The work

The work is a photograph of an advertisement from New York City's "We Love NYC" campaign on a LinkNYC kiosk in Times Square. The complaint says it was first published on March 29, 2023 through a license to a New York newspaper, registered on April 3, 2023 under Registration No. VA 2-345-270, with a supplementary registration, VA 2-476-836, effective April 15, 2025, and that the plaintiff acquired all rights by written assignment. The Copyright Office records show VA 2-345-270 as a group registration of 153 photographs published from January 4 to March 30, 2023, registered April 3, 2023, with the claimant listed as Robert Miller Photography, LLC by written agreement, and show supplementary registration VA 2-476-836, dated April 15, 2025, correcting the title and claimant to Robert Miller Photographer, LLC.

The alleged infringement

The complaint alleges that no later than September 22, 2023 the defendant displayed the photograph on its website as part of an entry for the "We Love NYC" campaign in its 8th Annual Shorty Impact Awards, presented as the winner of a Nonprofit Partnership award and other honors. It says the plaintiff first saw the use on December 9, 2023, and alleges, on information and belief, that the defendant profits from entry fees and publishes entries to promote later competitions. It says the plaintiff's counsel sent a written demand on November 14, 2024, and that the defendant then removed the photograph but has not paid for the use. It also alleges that the Copyright Office's DMCA designated agent directory shows the defendant had no designated agent after November 23, 2023 until January 8, 2024, and alleges, on information and belief, that the defendant is not entitled to the § 512 safe harbors because it selected, honored, and published the entry itself.

The claims and relief

The first cause of action pleads direct copyright infringement under 17 U.S.C. § 501, and the second pleads vicarious copyright infringement, each alleging willfulness on information and belief. The prayer seeks a finding of infringement, actual damages and profits under § 504(b) or, at the plaintiff's election, statutory damages under § 504(c), whichever is larger, an injunction under § 502(a), costs and attorney's fees under § 505, pre-judgment interest, and other relief.

Docket

The docket shows the complaint, civil cover sheet, a request for summons, the AO 121 copyright notice, and a notice of appearance.