Amazon Not Liable For Affiliates’ Copyright Infringement

On August 29, 2014, the Ninth Circuit held that Amazon.com, Inc. ("Amazon") could not be held vicariously liable for the conduct of certain participants in its affiliate-marketing program.

The plaintiff, Sandy Routt, an artist and designer of jewelry, apparel and collectibles, alleged that certain participants of Amazon's affiliate marketing program used her copyrighted photographs on their websites without her consent. She sued Amazon for vicarious copyright infringement and for false designation of origin.

In order to successfully sue for vicarious copyright infringement, Routt had to allege that Amazon had (1) the right and ability to supervise the infringing content; and (2) a direct financial interest in the financial activity. Routt alleged that Amazon's operating agreement with its affiliates prohibits copyright infringement and gives Amazon the power to monitor participants' websites and terminate noncompliant participants. She further argued that this