In a recent Westlaw Today article, Thompson Coburn partner Mike Nepple discussed a copyright mass action filed by more than 20 professional food photographers against Uber Technologies Inc. over alleged unauthorized use of their images on the Uber Eats platform.
Mike said bringing the suit as a “copyright mass action” was “somewhat unusual.”
“The grouping and selection of the mass action plaintiffs with varied backgrounds, but with common alleged claims against Uber, attempts to paint a larger picture of the scope of Uber’s alleged infringement than if the actions were brought individually by each plaintiff,” he said.
Mike said his observation was reinforced by a 20-page exhibit accompanying the complaint, which lists each of the plaintiffs’ photos that allegedly have been copied, paired with a link to the web page where each photo appears.
He also said he found the vicarious and contributory infringement claims to be “interesting,” as the complaint targets “employees, independent contractors, customers and vendors, and other third-parties” as indirect infringers.
“The complaint alleges few facts on how these specific groups engaged in the allegedly infringing actions,” he said, noting that Uber could offer numerous defenses, including fair use or that it obtained an implied license.
“It will be interesting to see Uber’s response,” he said.
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