BWP Media USA, Inc. v Clarity Digital Group, LLC

BWP appealed summary judgment granted to Clarity in its copyright infringement case. The panel affirmed. It held Clarity qualified for safe harbor protection under 17 USC 512 because the independent contractor posters of material on Clarity’s website were users under the plain meaning of the term as they used Clarity’s system to post the pictures at issue here and Clarity did not direct the posting of the pictures as the contract with the posters prohibits copyright infringement and licensed photographs of celebrities are available to the posters from clarity. The panel also held that clarity was neither willfully blind to infringement as it made a licensed bank of photographs available for use.