""There appears to be little difference between an infringing display via web browser, which was entitled to safe harbor in Davis, and an infringing display via email." The U.S. District Court for the Northern District of California on Tuesday granted summary judgment in favor of Pinterest, Inc. in a copyright infringement suit brought by the estate of a professional photographer, finding that the social media platform is protected by the Digital Millennium Copyright Act's (DMCA) safe harbor provision."
"Maureen Harrington, representing the estate of photographer Blaine Harrington III, brought the class action lawsuit against Pinterest, alleging that the company directly infringed on copyrighted photographs by displaying them in notifications to users outside of its platform. The case centered on whether Pinterest's email, in-app, and mobile push notifications containing copyrighted images fell outside the scope of the DMCA's safe harbor protections."
The U.S. District Court for the Northern District of California granted summary judgment for Pinterest, finding the platform protected by the DMCA safe harbor. The plaintiff, the estate of photographer Blaine Harrington III, alleged direct infringement based on Pinterest's display of copyrighted photographs in email, in-app, and mobile push notifications to users outside the platform. The court analyzed whether such notifications constitute "storage at the direction of a user" under Section 512(c) and applied Ninth Circuit principles that activities narrowly directed to enhancing accessibility are eligible for safe harbor. The court compared the matter to the earlier Davis decision and treated notification hyperlinks as access to user-directed content within Section 512(c) protections.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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