DRK Photo v. McGraw-Hill Global Education Holdings, LLC, No. 15-15106 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed the district court's grant of summary judgment for defendants in a copyright infringement action. The panel held that DRK, a stock photography agency that markets and licenses images created by others to publishing entities, is a nonexclusive licensing agent for the photographs at issue and has failed to demonstrate any adequate ownership interest in the copyrights to confer standing. The panel also held that DRK lacked standing as a beneficial owner of the copyrights. Finally, the panel affirmed the district court's denial of DRK's motion to modify the scheduling order for leave to amend its complaint.
Court Description: Copyright. The panel affirmed the district court’s summary judgment in favor of the defendants in a copyright infringement action brought by a stock photography agency. The panel held that the plaintiff, a nonexclusive licensing agent for the photographs at issue, failed to demonstrate any adequate ownership interest in the copyrights to confer standing. Distinguishing Minden Pictures, Inc. v. John Wiley & Sons, Inc., 795 F.3d 997 (9th Cir. 2015), the panel held that the plaintiff lacked standing as a legal owner because its representation agreements with the photographers did not grant the plaintiff an exclusive license to authorize use of the photographs. The panel held that under Silvers v. Sony Pictures Entm’t, Inc., 402 F.3d 881 (9th Cir. 2005) (en banc), the plaintiff’s assignment agreements with the photographers did not confer standing because they merely transferred the right to sue on accrued claims. The panel held that the plaintiff also lacked standing as a beneficial owner of the copyrights. The panel affirmed the district court’s denial of the plaintiff’s motion to modify the scheduling order for leave to amend its complaint to join three photographers as plaintiffs.
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