Background information

Larry Philpot filed a complaint against World Public Library Association asserting claims for copyright infringement, contributory copyright infringement, and Digital Millennium Copyright Act violations related to Philpot's photographs. Philpot then filed to strike World Public Library Association's affirmative defenses of waiver and fair use.

Case summary

World Public Library Association alleged that they used Philpot's works in line with his Creative Commons license, so the court denied the motion to dismiss the waiver defense. The court also found that World Public Library Association's fair use defense was sufficient for the purposes of surviving a motion to dismiss. The motion to dismiss both defenses was denied.