Power brokerage Cervera Real Estate Inc. is being sued in a copyright lawsuit after an associate allegedly used a nighttime photo of Miami's American Airlines Arena for real estate marketing.

Photographer Joe Myeress of Sarasota took the photo in 2009 from the building across Biscayne Boulevard from the home of the Miami Heat using multiple exposures and obtained a copyright in April 2015.

Myeress claims Cervera real estate associate Joanna Nathalie Gutierrez copied the photo bearing his watermark from the internet, cropped out the watermark and used it on several listing services. Myeress allows real estate companies to use his photos with permission and a licensing fee, but he said neither was obtained in this case.

Myeress filed his two-count complaint Tuesday in Miami federal court for Florida's Southern District. He seeks injunctive relief, attorney fees and either actual damages and profits from using his photo or statutory damages.

In Florida, real estate associates generally work as independent contractors. The complaint said Cervera Real Estate is liable for Gutierrez's infringement under Florida law despite her independent contractor status.

Cervera Real Estate declined comment. Gutierrez didn't respond to a request for comment by deadlne.

Myeress' attorney, Joel Rothman, said this is a widespread issue, and he represents several photographers in copyright infringement cases.

"I find real estate photography to be one of the areas where real estate agents don't understand what copyright protects and as a result a lot of infringement arises," said Rothman, who is an intellectual property attorney at SRipLaw in Boca Raton.

The Cervera suit is one of at least 15 filed by Myeress since 2017 under the Copyright Act against real estate and entertainment companies and South Florida real estate projects. The lawsuits focus on the arena photo and on an aerial view of Miami's Freedom Tower.

In some cases, Myeress have reached confidential settlements.

Myeress, a photographer for 35 years, said the lawsuit is about protecting his livelihood.

"I lose out on a licensing fee and, every time someone steals it, I lose work down the line, too, because someone else sees it on their website and steals it and so on and so on," Myeress said.

He said his licensing fee could range from $1,000 to $5,000 depending on the size of the photo and the company that wants it. It costs him $400 to file a copyright infringement complaint and in some cases he said he just about breaks even.

Myeress said he first tries to resolve photo use without suing. Some agree to pay, but others remove the photo but don't pay.

"You can't un-use it," he said.

Rothman sent Gutierrez two letters last November but received no response, the complaint said.

Cervera Real Estate, started by Cuban exile Alicia Cervera in 1978, handles sales and leasing for some of South Florida's preeminent condominium and multifamily projects.