Durie Tangri Wins First Impression 9th Cir. Appeal

Jun 21, 2018

Durie Tangri today scored a win for its client CoreLogic, Inc. in a case of first impression in the Ninth Circuit Court of Appeals where plaintiffs had sought billions of dollars in statutory damages.  The court affirmed a lower court’s grant of summary judgment in favor of CoreLogic, which had been sued by real-estate photographers on claims that CoreLogic’s real-estate listing software and services violated the photographers’ rights.  The photographers alleged that CoreLogic’s software had removed “metadata” identifying the photographers when resizing images for display on the web, and that this violated 17 U.S.C. § 1202(b).  The court ruled that the plaintiffs had not provided evidence showing that CoreLogic had reason to know that the operation of its software would “induce, enable, facilitate, or conceal” any copyright infringement, which is a requirement of 17 U.S.C. § 1202(b).  This was the first appellate case to analyze the meaning of that language in § 1202(b).  Daralyn Durie argued the case before the Ninth Circuit, and Joe Gratz was on the brief.  The case is Stevens v. CoreLogic Inc., No. 16-56089 (9th Cir. June 20, 2018).