The Limits of Safe Harbor: Platform Control and Copyright Liability After McGucken v. Shutterstock

The US Court of Appeals for the Second Circuit has revived copyright infringement claims against Shutterstock, Inc., a major online photo licensing marketplace, in a dispute brought by a photographer. The Second Circuit vacated the district court’s decision that Shutterstock was immune under the Digital Millennium Copyright Act safe harbor and remanded for further proceedings to assess whether Shutterstock’s content review practices disqualify it from protection. The decision signals increased... By: Morgan Lewis