Copyright case: Victor Elias Photography, LLC v. Ice Portal, Inc., USA

Author: Brian Craig (Wolters Kluwer Legal & Regulatory US)
Published: 27.08.2022
The photographer’s mere showing of removal of embedded copyright management information (CMI) in hotel photographs is insufficient to meet the scienter requirement. The federal appeals court in Atlanta, Georgia has refused to reinstate a case brought by a photographer claiming a violation of the Digital Millennium Copyright Act (DMCA) against a hotel intermediary that provided hotel photographs to travel websites. In affirming the district court’s summary judgment ruling, the federal appeals court concluded that the photographer failed to show how the intermediary between hotels and online travel agents met the scienter requirement under the DMCA. The appeals court held that a…