The American Society of Media Photographers and others who were not permitted to join a pending class-action settlement over digitized books are filing a lawsuit on Wednesday, said the plaintiffs' law firm, Mishcon de Reya New York LLP.

According to the law firm, the complaint will seek class-action status on behalf of the visual artists and is being filed in the U.S. District Court for the Southern District of New York, where the earlier case is pending.

"This case is about fairness and compensation," James McGuire, a partner for the London-based law firm, said in a statement.

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