390 F. Supp. 3d 461
S.D. Ill.2019Background
- Minden Pictures (photo licensor) sued BuzzFeed for copyright infringement over 40 nature photographs; amended complaint filed; BuzzFeed moved to partially dismiss.
- Minden alleges it is sole licensing agent for the photos and discovered BuzzFeed’s uses in 2017–2018; provides registrations and website screenshots.
- BuzzFeed argued 24 of the 40 claims are time-barred (occurring 2011–2014), some uses fall under the DMCA §512(c) safe harbor, some registrations were untimely (limiting statutory damages), and some registrations are collective works requiring one statutory award per set.
- Court applied the Second Circuit’s discovery rule for accrual and found a reasonably diligent copyright holder (here, a repeat litigator) should have discovered infringements within the three-year limitations period for 24 photographs.
- Court dismissed those 24 claims as time-barred, declined to decide DMCA safe-harbor for dismissed photos, held plaintiff failed to plead willfulness for enhanced damages, limited statutory damages where registration was untimely, and treated certain registered sets as collective works (one statutory award per set).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations (accrual) | Minden: discovered infringements in 2017–2018, timely filed | BuzzFeed: many postings occurred 2011–2014, so claims are >3 years old | Court: 24 photos posted before Mar 19, 2015 dismissed as time-barred under discovery rule |
| DMCA §512(c) safe harbor | Minden: not addressed in detail | BuzzFeed: some posts were third‑party user content shielded by safe harbor | Court: declined to reach DMCA safe-harbor for two photos already dismissed as time-barred |
| Willfulness (enhanced statutory damages) | Minden: forty infringements suffice to infer willfulness | BuzzFeed: plaintiff did not plead facts showing actual/reckless knowledge | Court: complaint’s boilerplate willfulness allegation insufficient; enhanced damages barred |
| Collective registrations / statutory damages | Minden: number of registrations not dispositive; works should be assessed on issuance | BuzzFeed: some photos registered as collective works so only one statutory award per set | Court: where plaintiff registered photos as sets, those constitute collective works—limited to one statutory award per set; specific sets reduced accordingly |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standards; legal conclusions not assumed true)
- Psihoyos v. John Wiley & Sons, Inc., 748 F.3d 120 (2d Cir. 2014) (discovery rule for copyright accrual)
- Kronisch v. United States, 150 F.3d 112 (2d Cir. 1998) (inquiry‑notice/discovery of critical facts)
- Bryant v. Media Right Prods., Inc., 603 F.3d 135 (2d Cir. 2010) (statutory damages and collective works analysis)
- Twin Peaks Prods., Inc. v. Publ’ns Int’l Ltd., 996 F.2d 1366 (2d Cir. 1993) (separate works vs. compilations analysis)
- WB Music Corp. v. RTV Comm. Grp., Inc., 445 F.3d 538 (2d Cir. 2006) (one-award rule for compilations)