Helayne Seidman sues S & M Mechanical over her Bronx hospital photograph on its website projects page

What was filed

Seidman v. S & M Mechanical Corp., No. 2:26-cv-07278 (E.D.N.Y.), is a 14-page complaint filed November 11, 2026, with a jury demand. The plaintiff, Helayne Seidman, is described as a New York City-based professional photographer and photojournalist. The defendant, S & M Mechanical Corp., is described as a New York corporation based in Deer Park, New York, and, according to its website, a mechanical contractor performing HVAC, steamfitting, pipefitting, and general contracting work.

The photograph

The complaint alleges that Seidman created a photograph of the Bronx-Lebanon Hospital Center in the Bronx, New York; that she first published it on June 4, 2017, by commercially licensing it to a New York newspaper; and that it was registered on June 26, 2017, under Registration No. VA 2-062-526. The Copyright Office public record for VA0002062526 is a group registration titled “Group Registration of Published Photographs - Helayne Seidman; 2017 Photos; all published 3/26/17 - 6/12/17; 44 Photos.”, registered June 26, 2017, with Helayne Seidman as author and claimant. Its contents list includes “Seidman, Bronx-Lebanon Hospital, 6_4_2017.jpg.”

What the complaint alleges

The complaint alleges that on or about July 23, 2019, without permission, S & M Mechanical reproduced and publicly displayed the photograph on the “Our Projects” page of its website under the caption “BRONX LEBANON HOSPITAL - BRONX, NY - NEW HVAC SYSTEM,” using it to advertise its own hospital HVAC work to prospective customers. Seidman first observed the use on December 28, 2023, the complaint says. It alleges that on or about July 30, 2025, she notified the company through counsel and demanded that it stop and compensate her, that a follow-up communication followed on or about August 29, 2025, and that the company was still displaying the photograph on its website as of November 6, 2026.

The complaint alleges that the photograph as originally published by the licensed newspaper carried a gutter credit naming Seidman as the author, and that the company displayed it with no credit to her. It alleges, on information and belief, that the company knowingly removed, altered, omitted, or failed to reproduce that copyright management information and associated metadata.

The claims and the prayer

The First Cause of Action, Direct Copyright Infringement under 17 U.S.C. §501 et seq., alleges that the company copied, reproduced, distributed, adapted, and/or publicly displayed the photograph without authorization in willful violation of Seidman's rights under 17 U.S.C. §106. The Second Cause of Action, Vicarious Copyright Infringement, alleges, on information and belief, that the company had the right and ability to supervise its representatives' conduct regarding website content, and alleges that it derived a direct financial benefit from the use and failed to prevent or stop it. The Third Cause of Action, Removal and/or Alteration of Copyright Management Information under 17 U.S.C. § 1202(b), rests on the missing credit. The prayer seeks a finding of infringement; actual damages and disgorgement of profits under 17 U.S.C. § 504(b) or, at Seidman's election, statutory damages under 17 U.S.C. § 504(c), whichever is larger; a finding that the company violated 17 U.S.C. § 1202(b); actual damages or, in the alternative, statutory damages of up to $25,000 for each violation under 17 U.S.C. § 1203(c); an injunction under 17 U.S.C. § 502(a) against infringing use of any of Seidman's works; costs and reasonable attorney's fees under 17 U.S.C. § 505 and/or 17 U.S.C. §1203(b)(4) and (5); pre-judgment interest; and other relief the court deems just and proper.