March 12, 2021
Benjamin Marks, Head of Weil’s Intellectual Property & Media practice, has been named “Litigator of the Week” by The AmLaw Litigation Daily for securing a convincing appellate victory for long-time client Getty Images.
This was a truly bet-the-company, multi-billion dollar copyright dispute arising out of Getty Images’ posting of ~50,000 of plaintiffs’ images on its website, allegedly without authorization. Last week, Ben won a key Second Circuit ruling that affirmed a district court’s summary judgment decision that found that Getty Images had obtained a valid license to use the photos in question, and had not knowingly altered certain copyright management information associated with the photos.
In the article published by The AmLaw Litigation Daily, Ben gives an inside look at the case, discusses what was at stake, and explains how the court’s decision provides important guidance on the contours of liability for alteration of copyright management information under Section 1202 of the Copyright Act.