Mavrix Photographs, LLC v. LiveJournal, Inc., No. 14-56596 (9th Cir. 2017)Annotate this Case
Mavrix filed suit against LiveJournal for posting 20 of its copyrighted photographs online. The district court granted summary judgment for LiveJournal, holding that the Digital Millennium Copyright Act's (DMCA), 17 U.S.C. 512(c), safe harbor protected LiveJournal from liability because Mavrix's photographs were posted at the direction of the user. In this case, when users submitted Mavrix's photographs to LiveJournal, LiveJournal posted the photographs after a team of volunteer moderators led by a LiveJournal employee reviewed and approved them. The court disagreed with the district court and concluded that the common law of agency does apply to this analysis and that there were genuine factual disputes regarding whether the moderators were LiveJournal's agents. Therefore, the court reversed and remanded for trial. The court addressed the remaining issues that the district court addressed because these issues may be contested on remand. On remand, the district court must determine whether LiveJournal met the section 512(c) safe harbor threshold requirement by showing that the photographs were posted at the direction of the user, then LiveJournal must show that it lacked actual or red flag knowledge of the infringements and that it did not financially benefit from infringements that it had the right and ability to control.
The court issued a subsequent related opinion or order on August 30, 2017.