NYC’s Met Museum Sued Over Use of Eddie Van Halen Guitar Photo

The Metropolitan Museum of Art published a picture of Eddie Van Halen playing guitar on its website without permission, a photographer alleged in Manhattan federal court.

Lawrence Marano, a Parkland, Fla.-based photographer, said the Met used an unauthorized photo of a young, shirtless Van Halen playing “Frankenstein,” his red-and-white guitar. Marano is suing the museum for copyright infringement in the U.S. District Court for the Southern District of New York.

The Sept. 16 complaint included an alleged screen shot of the Met’s website with the photo to promote a museum display of guitars. Marano is seeking $150,000 in statutory damages, the maximum award for willfully infringing a copyright.

Eddie Van Halen, his brother Alex, and David Lee Roth formed a rock band in 1972 that later became Van Halen. The Met display dates the guitar to 1975.

Cause(s) of Action: Copyright infringement

Relief: Damages, profits from infringement or statutory damages, attorneys’ fees, pre-judgment interest

Response: The Metropolitan Museum of Art didn’t immediately respond to a request for comment.

Attorneys: Liebowitz Law Firm PLLC, a firm known for filing copyright infringement lawsuits on behalf of photographers, represents the plaintiff.

The case is Marano v. The Metropolitan Museum of Art, S.D.N.Y., No. 19-8606, Compliant 9/16/19