Active or passive? What makes website operators directly liable for copyright infringement
Abstract: As many copyright holders have learned the hard way, the Internet opened a whole new frontier in the world of infringement, particularly when it comes to pinning liability on the appropriate parties. This article discusses a recent case involving the unauthorized use of thousands of copyrighted photographs, where the U.S. Court of Appeals for the Ninth Circuit laid out the types of behaviors that will — and won’t — make a website operator directly liable for copyright infringement on their sites. A short sidebar discusses the application of the fair use defense. VHT, Inc. v. Zillow Group, Inc., No. 17-35587, March 15, 2019, Ninth Cir.