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ARTICLE · 28 FEBRUARY 2014

Right to License Is Not The Same As Right To Sue

Just because you have the shared right to reproduce copyrighted works, does not mean that you have standing to sue others for infringement of those copyrighted works.

United StatesIntellectual Property

Minden Pictures, Inc. v. John Wiley & Sons, Inc., Case No. C-12-4601 EMC (Judge Chen)

Just because you have the shared right to reproduce copyrighted works, the shared right to distribute copies of the works to the public, the shared right to display the works publically, and the exclusive agency right to license the works to third parties, does not mean that you have standing to sue others for infringement of those copyrighted works under 17 U.S.C. § 501, according to a recent opinion from Judge Chen.

Judge Chen ruled that Minden Pictures, Inc., a stock photo agency that enters into various exclusive agency agreements with photographers in order to license their photos to publishers, did not have standing to sue one of its licensors for copyright infringement, despite the fact Minden Pictures possessed the right under its exclusive agency agreements to license the photographs for certain commercial uses.  Although Minden Pictures alleged that the publisher, John

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