Plaintiff is a stock photography company that serves as a licensing agent for dozens of photographers, authorizing third parties to use copyrighted photographs. Plaintiff brought an action against a textbook publisher it claims exceeded its license by publishing more books than permitted under the license. The trial court ruled that plaintiff, as a licensing agent, lacked statutory standing to bring an infringement suit. In reversing, the Ninth Circuit stated: “Because we conclude the Agency Agreements convey the rights to reproduce, distribute, and display the photographs to [plaintiff] via an ‘exclusive license’ to grant licenses to third parties, we hold that [plaintiff] may bring an infringement action to remedy the unauthorized reproduction, distribution, and display of the photographs by those to whom it has granted licenses.” (Minden Pictures, Inc. v. John Wiley & Sons, Inc. (Ninth Cir.; July 29, 2015) 795 F.3d 997.)
