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