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May 07, 2012

Perfect 10 Files Copyright Infringement Lawsuit Against Tumblr

NEW YORK—Serial litigant Perfect 10 is suing the photo blogging platform Tumblr, alleging the infringement of at least 200 of its images. The 10-page complaint was filed Friday in U.S. District Court in the Southern District of New York. "This is an action by Perfect 10 for copyright infringement arising from the rampant and unremedied uploading, display and distribution of Perfect 10's copyrighted photographs on the photograph-sharing website Tumblr without Perfect 10's approval and over Perfect 10's repeated objections," the complaint reads. The complaint continues, "During September, October and December 2011, Perfect 10 sent six (6) compliant DMCA Notices to Tumblr requesting that the infringing content be taken down. Tumblr has ignored its obligations under the DMCA. As of the date of this filing, Tumblr has failed to completely process anyof Perfect 10's DMCA notices, taking down at most only a handful of the over 200 infringing images identified by Perfect 10, many of which had Perfect 10 copyright notices or watermarks conspicuously placed on the images." In addition to the allegations mentioned above, Perfect 10 also claims that "Tumblr employees have posted infringing content to Tumblr servers, to help start the business, including content which infringes upon Perfect 10's Copyrighted Works," and that "Tumblr turns a blind eye to the extensive copyright infringement taking place through its services." The complaint claims that Tumblr has contained "over 200 infringing images identified by Perfect 10, many of which had Perfect 10 copyright notices or watermarks conspicuously placed on the images," and is seeking, in addition to attorneys' fees and costs, "an amount to be proven at trial, but not less than $5 million; or (b) in the alternative, statutory damages of up to $150,000 per Copyrighted Work infringed as provided by Section 504(c) of the Copyright Act for Tumblr's willful infringement." The Perfect 10 complaint can be read here.

 
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