A New York photographer has sued Mother Jones over its use of a copyrighted photo he took of now-Rep. Alexandria Ocasio-Cortez prior to her upset win in the New York Democratic primary last year.

Yorktown Heights-based professional photographer Jose Alvarado sued the San Francisco-based progressive media outlet Monday in the U.S. District Court for the Northern District of California claiming Mother Jones willfully infringed his copyright to an image he took of Ocasio-Cortez looking over the crowd as she participated in a Black Lives Matter demonstration in 2017.

"Mother Jones did not license the photograph from plaintiff for its article, nor did Mother Jones have plaintiff's permission or consent to publish the photograph on its website," wrote Alvarado's lawyer, Richard Liebowitz of the Liebowitz Law Firm in Valley Stream, New York.

As of Tuesday morning, Alvarado's image still appeared on the June 16, 2018, story on the Mother Jones website about Ocasio-Cortez's upset primary victory over Rep. Joe Crowley—then the chairman of the House Democratic Caucus—for the Democratic nomination to represent New York's 14th Congressional District. On the site, the photo is credited to "Alexandria Ocasio-Cortez 2018/Facebook."

Alvarado on his professional website describes himself as "a Puerto Rican documentary photographer, currently based in New York City" whose "work consists of documenting sub-cultures, politics, and the relationship between Puerto Rico and the US." The site lists photo credits at publications including The New York Times, Le Monde, VICE, The Intercept, Vanity Fair and others, Alvarado is seeking $150,000 in statutory damages from Mother Jones for willful infringement as well as attorney costs and fees.

Alvarado and Liebowitz, the photographer's lawyer, didn't immediately respond to a request for comment Tuesday morning.

Mother Jones representatives did not immediately respond to an email seeking comment on the complaint.