JOHN WILEY & SONS, INC. v. DRK PHOTO

Docket No. 15-1134 August Term, 2015.

882 F.3d 394 (2018)

JOHN WILEY & SONS, INC., Plaintiff-Appellee, v. DRK PHOTO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 16, 2018.


Attorney(s) appearing for the Case

ROBERT PENCHINA , Levine Sullivan Koch & Schulz, LLP, New York, NY, for Plaintiff-Appellee.

MAURICE HARMON , Harmon & Seidman, LLC, ( Christopher Seidman and Gregory N. Albright , on the brief), Grand Junction, CO, for Defendant-Appellant.

Judge Parker dissents in a separate opinion.


In this copyright case, DRK Photo ("DRK"), an Arizona sole proprietorship and a non-exclusive agent of numerous photographers, attempts to assert infringement claims against John Wiley & Sons, Inc. ("Wiley"), a licensee of the photographers' images, for exceeding the scope of its licenses. DRK's rights with respect...

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