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3 August 2015Copyright

Ninth Circuit: Minden can sue John Wiley & Sons for copyright infringement

The US Court of Appeals for the Ninth Circuit has ruled that stock image company Minden Pictures can file a copyright complaint against publisher John Wiley & Sons on behalf of 37 photographers.

The latest development in the dispute follows Minden’s appeal against a 2014 ruling from the US District Court for the Northern District of California. The court had said Minden lacked the statutory standing to file a complaint on behalf of the photographers.

At the centre of the dispute is Minden’s claim that John Wiley & Sons published more copies of textbooks than was permitted under a licensing agreement between the two parties.

Minden, which stocks images of wildlife and nature, entered into an agreement with the publisher authorising it to print 20,000 textbooks that used 228 photographs taken by people signed up to Minden.

But Minden claimed in a 2012 complaint that the publisher “substantially exceeded the scope of the licences granted by Minden by publishing far more copies of books containing the photographs than permitted under the licences”. Minden alleged that John Wiley & Sons printed around 100,000 textbooks containing the photographs.

John Wiley & Sons hit back by arguing that Minden lacked the legal right to file such a complaint. In 2014, the district court agreed with the publisher and granted its motion for summary judgment.

The ninth circuit, however, took a different view and on Wednesday, July 29, it reversed the district court’s decision.

Judge William Fletcher, writing the opinion, said: “The Copyright Act permits the copyright owner to subdivide his or her interest in what otherwise would be a wholly owned ‘exclusive right’ by authorising the owner to transfer his or her share, ‘in whole or in part’, to someone else.”

Fletcher cited the “agency agreements” that Minden enters into with its photographers, noting that because parties agree to appoint Minden as the sole and exclusive agent and representative “with respect to licensing of any and all uses of images”, it has authorisation to file such complaints.

Neither Minden nor John Wiley & Sons had responded to a request for comment at the time of publication, but we will update the story should either party get in touch.

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