Copyright Action Against Cafepress Permitted To Proceed Based On Merchandise Created From User Generated Content

by Nancy Wolff, DMLA Counsel

Photographer Steven Gardner was not pleased to find that four of his copyrighted images – “Alaska Wildlife,” “Polar Bears 10 Hidden Bears,” “Find 12 Tigers,” and “Harmony of Wolves” – were being printed and sold on merchandise by CafePress Inc., the company behind www.cafepress.com, without his permission. Gardner filed a copyright action against CafePress alleging that CafePress directly infringed his four images. No complaint was filed against the users that uploaded his images.

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