Micheal Grecco and Ruthie Davis: The Copyright Battle That Could Reshape Creators' Rights

By Zuhairah Amni

Photographer Michael Grecco

A major legal battle is unfolding that could change how and when photographers, artists, and all types of creators can defend their work in court. At the heart of this case is renowned photographer Michael Grecco and a set of photos he took of model Amber Rose in 2017.

The Backstory

Grecco's photos were allegedly used without his permission by shoe designer Ruthie Davis, who posted them on her brand’s website and social media platforms. But instead of taking legal action immediately, Grecco filed a lawsuit in 2021 which was four years after the infringement happened.

The timing of that lawsuit has become the key issue in a high-stakes legal debate.

Founder and President of Ruthie Davis

Why Timing Matters

Initially, a district court dismissed the case, arguing that Grecco was as a "sophisticated plaintiff" — should have found out about the unauthorized use earlier. But the Second Circuit Court of Appeals disagreed, ruling that there’s no legal reason to hold experienced creators to a higher standard when it comes to discovering copyright violations.

Now, the case is heading to the U.S. Supreme Court.

The Big Question: When Can You Sue?

The Supreme Court is being asked to decide when the three-year statute of limitations for copyright lawsuits starts ticking:

• The “Injury Rule”: The clock starts when the infringement actually happens.

• The “Discovery Rule”: The clock starts when the creator discovers the infringement, even if it’s years later.

Grecco and many creators support the discovery rule, saying it's only fair since unauthorized uses can go unnoticed for years in the vast world of the internet. On the other side, Davis argues that the injury rule is clearer and more predictable.

Why This Matters for Creators

This case could have huge consequences for artists, photographers, designers, and other creatives. If the Supreme Court sides with the injury rule, creators would lose the ability to pursue legal action for older, undiscovered infringements, even if they had no reasonable way of finding out.

But if the discovery rule is upheld, it gives creators more power to protect their work, no matter how long it takes to uncover misuse.

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Final Thoughts

This lawsuit is more than just a disagreement between a photographer and a fashion brand: it’s a pivotal moment for creative rights in the digital age. Whether you're a seasoned pro or a passionate hobbyist, the outcome could shape how you defend your work for years to come. As a designer in the advertising field, it is crucial to know the law when it comes to copyright so that we know how the system goes when it happens to us.

Sources:
https://law.justia.com/cases/federal/appellate-courts/ca2/23-1078/23-1078-2024-08-16.html
https://petapixel.com/2025/04/30/photographers-lawsuit-could-redefine-when-creators-can-sue-for-copyright-infringement/