Master Maintenance, a Janitorial Supply Corporation, Hired West Central Ohio

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The Answer is a.The copyright registration creates a rebuttable presumption of copyright ownership.
b.West Central is liable as a direct infringer because it copied protected work.
To establish vicarious liability for copyright infringement, Corbis must prove that Master Maintenance received a financial benefit from the direct infringement and had the right and ability to stop or limit the infringement but failed to do so.
Master Maintenance is liable for vicarious infringement because Master Maintenance had 1) received a direct financial benefit from the infringement, and 2) had the right and ability to stop the infringement—the company’s employees were responsible for approving all changes made by West Central to the site—but failed to do so.
With regard to 1) the court stated, “Master used the copyrighted images for financial gain. Master redesigned its website for marketing purposes, to highlight its industrial cleaning business and attract new customers. Three of the four misappropriated images depicted janitorial and cleaning services. The use of copyrighted images to help draw customers can constitute a financial benefit.” With regard to 2), the court stated: “Master had the right and ability to stop or limit the copyright infringement and failed to do so. Master employees . . . were responsible for approving changes to the site, including the placement of images. Even if Master did not supply the images at issue, it had the authority to approve or reject their use.”

Master Maintenance, a Janitorial Supply Corporation, Hired West Central Ohio

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Master Maintenance, a Janitorial Supply Corporation, Hired West Central Ohio

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