Extract from Josh Gilliland’s article “No Spoliation for Removing Photo from Website”
A professional photographer took a photo of Willie Nelson at a concert in 2009. The photographer posted the photo on Wikipedia and allowed others to post the image provided they complied with the terms of the Creative Commons Attribution 2.0 Generic License. Funny how time slips away, but in April of 2014, the photographer discovery the photo was posted on a website promoting a concert. Screenshots were taken and a cease and desist letter was sent that November informing the future defendant of their duty to preserve. The image was removed from the site and screenshots taken by the future defendant. Philpot v. LM Communs. II of S.C., Inc., 2018 U.S. Dist. LEXIS 113927, at *4-5 (E.D. Ky. July 10, 2018).