• Posts Tagged ‘agency’

    Exclusivity for Exactly What?

    by  • March 20, 2023 • copyright • 0 Comments

    Does an exclusive agent for a photographer have standing to bring a copyright infringement suit on behalf of that photographer? The Ninth Circuit has said yes; the Northern District of Georgia says no. Plaintiff Creative Photographers, Inc. (“CPi”) represented non-party photographer Ruvén Afanador. The defendants are accused of infringing the copyright in one of...

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    The Second Circuit on Assigning the Right to Sue

    by  • February 19, 2018 • copyright • 1 Comment

    I’ve written in the past (recursive link) about the phenomenon of copyright infringement lawsuits brought by photographers or their agents against textbook publishers. The textbook publishers allegedly exceed the license they had for the use of stock photos, either by exceeding the number of print copies authorized or using the works outside of the...

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    An Exclusive License or Exclusive Agent?

    by  • February 12, 2018 • copyright • 2 Comments

    I previously wrote about an Oregon decision, Fathers & Daughters Nev., LLC v. Zhang. The case was dismissed because the author of the film, the plaintiff, had exclusively licensed the infringed rights to someone else, so couldn’t sue for infringement itself. This post is a separate one to address an interesting footnote in the...

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    Not Enough Ownership

    by  • January 29, 2018 • copyright • 0 Comments

    Defendant Lingfu Zhang was accused of downloading the movie Fathers & Daughters via BitTorrent. Plaintiff Fathers & Daughters Nevada, LLC was the author and registered copyright owner of the film and sued Zhang. But copyright ownership is tricky. F&D had a sales agency agreement with non-party Goldenrod Holdings and its sub-sales agent Voltage Pictures.1...

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