Updated. [Snowy Sunday Eve. Tangent Alert:] As An Amateur Photographer... This One Bothers Me.

Well, it turns out that the infringer was a third party in India -- and Shutterstock is doing what it can under the DMCA to police it. So, as of September 27, 2022 -- no liability. End update.

It seems that -- at least as alleged -- Shutterstock stealthily puts at least some pictures back up -- ones it has earlier agreed to take-down after receiving a copyright infringement notice (called a DMCA notice), from the original owner of the work.

Here is that federal suit -- one by Mr. Steinmetz, who shot an overhead drone pic (very dreamy!) of a misted forrest. Shutterstock was caught selling his image. He told Shutterstock to take it down, which it initially did. But then, it re-appeared on the site for sale. Here's the bit -- and the full eleven page complaint (including embedded photgrapic proof of his claims of infringement) in Manhattan's federal district courts:

. . .The Subject Photograph were routinely published with attribution, credit, and other copyright management information identifying Steinmetz as the author.

Steinmetz alleges on information and belief that Defendants, and each of them, removed Plaintiff’s copyright management information, as described above, from the Subject Photograph, and/or added false copyright management information to the Subject Photograph, before distributing and publishing same.

Steinmetz alleges on information and belief that Defendants, and each of them, distributed and published the Subject Photograph via its website, under its own name, and removing Plaintiff’s attribution information, including without limitation his name and/or metadata.

The aforementioned facts constitute “copyright management information” as that phrase is defined in 17 U.S.C. §1202(c) and is false. When Defendants distributed and published the Subject Photograph, they knowingly provided and/or distributed false copyright management information in violation of 17 U.S.C. §1202(a). As a result of the foregoing, Plaintiff has been damaged and may recover those damages as well as Defendants’ profits, and/or statutory damages, and attorneys’ fees under 17 U.S.C. §1203. . . .

Mr. Steinmetz will win, and may win over $100,000 -- given the fairly powerful evidence he has. . . of willfulness, here. Onward, grinning to a Zoom with the kids, tonight. . . .

नमस्ते