Case: Copyrights/Summary Judgment (2d Cir.)

The Second Circuit vacated and remanded in part the decision of a federal district court in New York granting Shutterstock Inc. summary judgment on a photographer’s copyright infringement action. The appeals court said that Shutterstock satisfied most of the requirements to qualify for safe harbor immunity under the Digital Millenium Copyright Act, but that issues of fact exist as to whether the allegedly infringing activity occurred by reason of the storage at the direction of a user of material that resides on Shutterstock’s online marketplace, and whether Shutterstock has the right and ability to control the infringing activity at issue ...