Jessica McKinney | Bloomberg Law Wolk v. Kodak Imaging Network, Inc., No. 10-CV-04135, 2012 BL 842 (S.D.N.Y. Jan 3, 2012) In a case brought against the photo and video sharing site Photobucket.com, Inc. by an artist claiming that her copyrighted images were illegally copied, displayed, and modified by Photobucket users, the U.S. District Court for the Southern District of New York granted the summary judgment motions of Photobucket and defendants Kodak Imaging Network, Inc. and Eastman Kodak Company (collectively, the "Kodak Defendants"). Among other things, the court found that Photobucket qualified for safe harbor protection under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), that plaintiff in any event failed to produce sufficient evidence in support of her contributory and vicarious infringement claims against Photobucket, and that the Kodak Defendants did not directly infringe plaintiff's copyrighted images.
Alleged Infringement of Plaintiff's Images by Photobucket Users
Kodak Defendants Did Not Directly Infringe Plaintiff's Images
Photobucket Qualifies for DMCA Safe Harbor Protection
No Actual or Apparent Knowledge of Infringement
No Right and Ability to Control Infringement, or Financial Benefit
Photobucket Not Liable for Contributory or Vicarious Infringement
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