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Wolk v. Kodak Imaging Network, Inc., 840 F. Supp. 2d 724 (S.D.N.Y. Jan. 3, 2012), was a United States district court case in which the visual artist Sheila Wolk brought suit against Kodak Imaging Network, Inc., Eastman Kodak Company, and Photobucket.com, Inc. for copyright infringement. Users uploaded Wolk's work to Photobucket, a user-generated content provider, which had a revenue sharing agreement with Kodak that permitted users to use Kodak Gallery to commercially print (photofinish) images from Photobucket's site—including unauthorized copies of Wolk's artwork.

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  • Wolk v. Kodak Imaging Network, Inc., 840 F. Supp. 2d 724 (S.D.N.Y. Jan. 3, 2012), was a United States district court case in which the visual artist Sheila Wolk brought suit against Kodak Imaging Network, Inc., Eastman Kodak Company, and Photobucket.com, Inc. for copyright infringement. Users uploaded Wolk's work to Photobucket, a user-generated content provider, which had a revenue sharing agreement with Kodak that permitted users to use Kodak Gallery to commercially print (photofinish) images from Photobucket's site—including unauthorized copies of Wolk's artwork. The court held that Kodak was not liable for direct copyright infringement because its photofinishing system relied on an automated process, and liability requires volitional conduct beyond "mere ownership of a machine used by others to make illegal copies." The court also held that Photobucket was protected under the safe-harbor provisions of the Digital Millennium Copyright Act (DMCA). This case is one of the few to analyze the forms of injunctive relief available to plaintiffs suing online service providers protected from copyright liability by DMCA safe-harbor provisions. (en)
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  • 172800.0
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dbp:dateDecided
  • 2012-01-03 (xsd:date)
dbp:defendant
  • Kodak Imaging Network, Inc., Eastman Kodak Company, and Photobucket.com, Inc. (en)
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  • 1 (xsd:integer)
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  • Wolk v. Kodak Imaging Network, Inc. (en)
dbp:holding
  • Photobucket qualifies for safe-harbor protections under and Kodak is not directly liable for the printing of images from Photobucket site (en)
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  • 150 (xsd:integer)
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  • DMCA safe harbor, takedown notice, , notices, photofinishing (en)
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  • Wolk v. Kodak Imaging Network, Inc. (en)
dbp:priorActions
  • Preliminary injunction denied 2011-03-17 (en)
dbp:subsequentActions
  • Appeal filed Second Circuit US Court of Appeals 2012-01-30 (en)
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  • Wolk v. Kodak Imaging Network, Inc., 840 F. Supp. 2d 724 (S.D.N.Y. Jan. 3, 2012), was a United States district court case in which the visual artist Sheila Wolk brought suit against Kodak Imaging Network, Inc., Eastman Kodak Company, and Photobucket.com, Inc. for copyright infringement. Users uploaded Wolk's work to Photobucket, a user-generated content provider, which had a revenue sharing agreement with Kodak that permitted users to use Kodak Gallery to commercially print (photofinish) images from Photobucket's site—including unauthorized copies of Wolk's artwork. (en)
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  • Wolk v. Kodak Imaging Network, Inc. (en)
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