A London-based photojournalist is suing Yahoo! Inc. for allegedly infringing upon his award-winning, copyrighted photograph. Yahoo has already taken the photo down, according to the photojournalist’s counsel. But the lawsuit goes on.
Plaintiff Alessandro Masi alleges that Yahoo willfully and intentionally featured the photograph on its website without permission. He alleges violations of the Copyright Act and the Digital Millennium Copyright Act, and seeks damages of up to $150,000.
The DMCA has a safe harbor provision that protects internet service providers from liability for infringing content posted by users, as long as they promptly take the content down upon receiving notice.
Richard Liebowitz of Liebowitz Law Firm PLLC in New York—Masi’s counsel—said that Yahoo’s removal of the photo was irrelevant in this case. He said that the DMCA safe harbor doesn’t apply because the infringing activity was allegedly under Yahoo’s control.
Whether the content was posted by a third party contributor or by Yahoo directly remains unclear.
Yahoo didn’t immediately respond to requests for comment.
Back in April, a fine art photographer sued Instagram for displaying her copyrighted photo. Although the photographer voluntarily dismissed her claim against the social media site, her complaint alleged that Instagram failed to remove the image despite receiving several takedown notices.
It remains to be seen whether Yahoo will invoke the DMCA safe harbor defense, and, if it gets that far, how the court will rule.
To keep up with the constantly evolving world of electronic commerce and technology sign up for a free trial of Electronic Commerce and Law Report.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)