Shutterstock’s Escape From Photog’s DMCA Suit Undone on Appeal

Photographer Elliot McGucken convinced the Second Circuit to revive his copyright lawsuit against Shutterstock, though the court affirmed a number of findings.

Shuttlestock qualifies as a service provider eligible for the Digital Millenium Copyright Act’s safe harbor, and it quickly removed infringing material upon notice from McGucken, the US Court of Appeals for the Second Circuit said Tuesday. But the company didn’t decisively refute the claim that its curation of his photos goes beyond the kinds of screening of user activity the safe harbor protects, the three-judge panel ruled.

The opinion by Circuit Judge Myrna Perez gives McGucken a chance ...