Andrew Leonard is a photographer of stem cells.

Leonard takes photographs of stem cells using electron microscopes.

Leonard obtains cell samples from doctors, scientists, and researchers and pays a scientific research institution to use an electron microscope to photograph the cells.

The images first appear in black and white, and Leonard uses his “artistic judgment” to enhance the photos in color.

Only a few photographers engage in this highly technical type of photography.

Leonard’s photos are typically licensed non-exclusively through his company APL Microscopic. Licensing fees are typically between a few hundred dollars and several thousand dollars.

Back in May 2006, Stemtech approached Leonard about using one of his images.

After discussing usage and color terms, Leonard provided Stemtech with a quote of $950 for a “one-year usage” of Image 4 in two places in Stemtech’s HealthSpan magazine and a separate quote of $300 for a “one-year usage” of the image on the HealthSpan website.

Stemtech decided not to license Leonard’s image because they thought ‘
the price was too high
‘.

That decision however didn’t stop Stemtech from using the image in their magazine.

Leonard’s stem cell image appeared twice in the HealthSpan magazine.

Upon learning his image had been used anyway, Leonard sent Stemtech an invoice for $950.

Stemcell acknowledged the invoice but paid Leonard only $500. They also continued to use Leonard’s image in ‘
other promotional materials
‘.

The images appeared on Stemtech websites, its distributors’ websites, marketing DVDs, and other promotional and recruitment materials.

Leonard attempted to collect the $450 balance on the issued invoice but was unsuccessful.

He discovered Stemtech’s ongoing unauthorized use of his images in 2007. This included the use of the images on Stemtech affiliate websites.

For example, Leonard found his images on “yourstems.com,” a website selling Stemtech product(s).

He contacted the site operator, informed him of the infringing uses, requested an accounting of how long the operator used the images, and sought payment for their use.

The website operator informed Leonard that he and other distributors were using materials received from Stemtech.

As part of their affiliate policies and procedures, Stemtech prohibits affiliates from creating and using their own marketing materials.

Leonard contacted Stemtech’s Chief Compliance Officer, Donna Serritella, and requested ‘
that Stemtech stop using his images
‘.

Serritella told Leonard that she thought that one of the images “was on the cover of a major publication, and that made it public for usage.”

Despite being informed otherwise, Stemtech did not instruct affiliates to stop using Leonard’s images.

Leonard continued to track Stemtech’s unauthorized use of his images.

In May 2008, Leonard’s friend ordered a Stemtech sales kit from a distributor.

The sales kit, intended for marketing the Stemtech product and training distributors, inclu

🤖 Quick Answer

Who is Andrew Leonard in the Stemtech copyright case?
Andrew Leonard is a specialized photographer who captures images of stem cells using electron microscopes. He obtains cell samples from medical professionals and researchers, then enhances black and white photographs with artistic color treatment. Leonard licenses his technical photographs through APL Microscopic, typically charging between hundreds to thousands of dollars per license.

What were the licensing terms Leonard discussed with Stemtech?
Leonard negotiated with Stemtech in May 2006 regarding usage rights and color specifications for one of his stem cell photographs. The discussions addressed the scope of usage and technical requirements for the image's color enhancement and application in commercial contexts.

Why is Stemtech's copyright appeal significant in intellectual property law?
Stemtech lost a $1.6 million copyright infringement appeal, establishing legal precedent regarding unauthorized use of specialized scientific photography. The case reinforces protections for photographers' intellectual property

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