Photos in Online Stock Image Catalog Were ‘Published’ When Posted, Not When Licensed

June 9, 2010, 8:15 PM UTC

Photographs contained in an online catalog of stock images available for licensing were “published,” within the meaning of California’s single publication rule, when they were posted online, the U.S. District Court for the Central District of California held April 29 (Alberghetti v. Corbis Corp.).

The defendant’s multiple acts of licensing the photographs to third parties were not republications that could have restarted the two-year statute of limitations for California right of publicity claims, Judge Stephen V. Wilson concluded.

The court, adopting dicta from a concurring opinion in Christoff v. Nestle USA Inc., 47 Cal. 4th (2009)(14 ECLR 1220, 8/26/09

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