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Los Angeles Lakers forward LeBron James (23) reacts during the second half of an NBA basketball game against the Miami Heat, Friday, Dec. 13, 2019, in Miami. The Lakers won 113-110. (AP Photo/Lynne Sladky)
Los Angeles Lakers forward LeBron James (23) reacts during the second half of an NBA basketball game against the Miami Heat, Friday, Dec. 13, 2019, in Miami. The Lakers won 113-110. (AP Photo/Lynne Sladky)Lynne Sladky/Associated Press

Lakers' LeBron James Seeks at Least $1M in Countersuit Against Photographer

Joseph ZuckerDec 22, 2020

Los Angeles Lakers star LeBron James filed a countersuit against photographer Steven Mitchell in August after Mitchell sued James for using his photos in social media posts without permission, according to The Athletic's Daniel Kaplan

Kaplan reported James is seeking a minimum of $1 million in damages plus attorney fees.

Mitchell's attorney, Kevin McCulloch, criticized James and his representatives, saying James is "clearly suing my clients to harass" and "threatening to bankrupt a courtside photographer."

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Kaplan also shared a statement from Howard Shire, who's working on James' legal counsel:

"Only after our client was sued for copyright infringement for alleged use of a single photo – which we have consistently tried to settle for a reasonable amount – did we file this countersuit upon learning the photographer was making unlawful use of photographs of our client on his website to advertise and promote his photography services business. We continue to try to resolve this matter amicably. We have no interest whatsoever in ultimately obtaining any amounts from the plaintiff."

Mitchell sued James for copyright infringement in March, claiming the four-time MVP didn't have authorization to share a photo Mitchell had taken of a dunk by James in a December 2019 victory over the Miami Heat, per Sports Illustrated's Michael McCann.

McCann noted how Mitchell sells the licenses to his photos to media outlets, so his representatives are claiming that James' usage represented a violation of copyright rules.

James' countersuit is claiming it was a case of fair use since he didn't benefit commercially from the dissemination of the photo. Attorney Darren Heitner, who isn't connected to the case, countered to Kaplan that James' social media profiles "carry a lot of value and are commercialized quite often in conjunction with his off-court deals."

As a result, any post could be seen to indirectly help James financially.

Houston Texans star Deshaun Watson is facing a similar lawsuit.

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