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ARTICLE · 15 OCTOBER 2015

Licensing Agent Has Standing To Bring Copyright Infringement Suit

Minden Pictures is a stock photography company that serves as a licensing agent for dozens of photographers.

United StatesIntellectual Property

Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit reversed a district court decision, concluding the agent's exclusive right to sublicense photographs to third parties was sufficient to establish standing though the photographers retained the copyright. Minden Pictures, Inc. v. John Wiley & Sons, Inc., Case No. 14-15267 (9th Cir., July 29, 2015) (Fletcher, J).

Minden Pictures is a stock photography company that serves as a licensing agent for dozens of photographers. The photographers entered into "Agency Agreements" with Minden. Under the terms of the agreements, the photographers appointed Minden as the sole and exclusive agent and representative with respect to licensing of the photographs. The photographers retained the right to personally use the photographs as well as the right to

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