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DRK PHOTO v. McGRAW-HILL GLOBAL EDUC HOLDINGS, LLC

No. 15-15106.

870 F.3d 978 (2017)

DRK PHOTO, a sole proprietorship, Plaintiff-Appellant, v. McGRAW-HILL GLOBAL EDUCATION HOLDINGS, LLC; McGraw-Hill School Education Holdings, LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2017.

Attorney(s) appearing for the Case

Maurice Harmon (argued), Christopher Seidman , and Gregory Albright , Harmon & Seidman LLC, New Hope, Pennsylvania, for Plaintiff-Appellant.

Christopher P. Beall (argued) and Thomas B. Kelley , Levine Sullivan Koch & Schulz LLP, Denver, Colorado, for Defendants-Appellees.

Concurrence by Judge Berzon.

OPINION

This appeal raises the now often litigated issue of whether a stock photography agency — here, the Arizona-based agency DRK Photo ("DRK") — has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line...

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