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Wolk v Photobucket

Wolk v Photobucket

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Published by Ray Dowd
Internet service provider does not have duty to police photo upload service for copyright infringements absent proper takedown notices by copyright holder.
Internet service provider does not have duty to police photo upload service for copyright infringements absent proper takedown notices by copyright holder.

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Published by: Ray Dowd on Mar 28, 2011
Copyright:Attribution Non-commercial

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04/01/2011

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UNITED STATES
DISTRICT
COURT
SOUTHERN
DISTRICT
OF
NEW
YORK
---------------------x
SHEILA
WOLK,
Plaintiff,
10
Civ.
4135
(RWS)
against-
OPINION
KODAK
IMAGING
NETWORK,
INC.,
EASTMAN
KODAK
COMPANY,
and
INC.
,
Defendants.
A P
PEA
RAN
C E
S:
Pro
Se
SHEILA
WOLK 
7
West
8
Street 
Apartment
2D 
New
York,
NY
10024 
Defendant
Inc.
NORWICK
&
SCHAD
59
th
110
East
Street 
29
th
Floor
New
York,
NY
10022
By:
Kenneth
P.
Norwick
t
Esq.
SATTERLEE STEPHENS
BURKE
&
BURKE
LLP
230
Park
Avenue
New
York,
NY
10169
Mark
Alan
Lerner,
Esq.
At
Case 1:10-cv-04135-RWS Document 33 Filed 03/17/11 Page 1 of 25
 
Attorneys
for
Defendants
Kodak
ImagingNetwork,
Inc.
and
Eastman
Kodak
Company
NIXON
PEABODY
LLP
437
Madison
Avenue
New
York,
NY
10022
By:
Mark
D.
Robins,
Esq.
100
Summer
Street
Boston,
MA
02110By:
Gina
M.
McCreadie, Esq.
One
Embarcadero
Center
Suite
1800
San
Francisco,
CA
94111
By:
Talley
M.
Henry, Esq.
2 
Case 1:10-cv-04135-RWS Document 33 Filed 03/17/11 Page 2 of 25
 
Sweet,
D.J.
Plaintiff
Sheila
Wolk
("Wolk"
or
"Plaintiff")
has
moved
for
a
preliminary
injunction
preventing
Defendant
Inc.
("Photobucket"
or
"Defendant")
from
infringing
on
her copyrights.
This
motion
was
considered
fully
submitted
on
November
3,
2010.
For
the
following
reasons,
Plaintiff's
motion
is
denied.
I.
Summary
of
Facts
Plaintiff is
a
visual
artist.
Photobucket
is
an
internet
service
provider
("ISPII)
which
hosts user-generated
photos
for
storage
and
sharing.
Users
have
uploaded
upwards
of
8
billion
photos
to
Photobucket.
Plaintiff
claims
that
copiesof
her
copyright
images have
beenuploaded
to
Photobucket
without
her
permission.
In
response,
Plaintiff
has
provided
notices requesting
that
some
of
these
images
be
taken
down
from
Photobucket.
Several
these
notices
have
complied
with
the
Digital
Millennium
Copyright
Act
("DMCA").
Where
Plaintiff
hassubmitted
a
DMCA-compliant
notice
photobucket
has
taken
down
l
the
allegedly
infringing
photo.
photobucketso
has
taken
down
photos
where
Plaintiff
has
sufficiently identified
the
alleged
I
infringements
even
if
the
notice
was
not
DMCA-compliant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - ~ " ! I ! : ,
___
_
Case 1:10-cv-04135-RWS Document 33 Filed 03/17/11 Page 3 of 25

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