Famed Santa Barbara based travel and landscape photographer, Macduff Everton, prevailed in his lawsuit against Callaway Editions, Inc. in New York Supreme Court. Everton sought money damages for the loss of 213 color photographic transparencies and 62 black white negatives which he alleged Callaway had lost. The images were created by Everton in connection with a series of golf books to be published by a Callaway Editions and Callaway Golf joint venture. The photos were shot by Everton at several legendary Scottish golf courses, including Machrihanish and Crieff and included the participation of renowned golf instructor John Stark.
When Everton sought to resolve the matter, Nicholas Callaway challenged him to “sue me.” At which point, Everton retained the New York firm of Greenberg & Reicher, LLP.
Callaway Editions, which recently published Madonna’s series of children’s books and has published the works photo luminaries such as Irving Penn, admitted to the loss of the images at trial but claimed that Everton was not entitled to their return and was otherwise in breach of the parties agreement. Further Callaway alleged that the lost photos were of minimal commercial value and could easily be re-shot. Everton claimed the images, which were model and property released, had potential to yield significant stock licensing revenues.
The trial was highlighted by the cross examination of publisher Nicholas Callaway by Everton’s attorney Edward Greenberg. Judge Karla Moskowitz found Callaway’s testimony to be “incredible” taking note that images were stored in an unlocked locker and moved in1998 after which point they could not be located. Judge Moskowitz awarded Everton the sum of $500 for each of the 213 color images lost and $250 for each missing black and white image. With interest and other costs awarded to Everton, the total amount of the judgment is approximately $160,000. Callaway’s counterclaims were dismissed.
Contact:
Edward Greenberg
Greenberg & Reicher, LLP
50 East 42nd Street, 17th Floor
New York, NY 10017
(212)697-8777
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