©2016. Published in Landslide, Vol. 8, No. 3, January/February 2016, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Are we Exclusive?
Minden Pictures, Inc. v. John Wiley & Sons, Inc., 795 F.3d 997, 115 U.S.P.Q.2d 1576 (9th Cir. 2015). Minden Pictures is a stock photograph licensing company that acts as the exclusive licensing agent for a number of photographers. Wiley is a textbook publishing company that had licensed numerous photographs from Minden, but had purportedly exceeded the scope of those licenses. Minden sued for Wiley copyright infringement. Wiley moved to dismiss the case, and argued Minden did not have standing to sue as an exclusive licensee of the copyrights at issue, as the photographers retained some rights to license the individual photographic works. The district court granted Wiley’s motion. Minden appealed.
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