Designer Skin LLC v. S & L Vitamins, Inc., et al.
Clip-Art - Internet Library of Law and Court Decisions - Updated January 1, 2000
Marobie-FL, Inc. d/b/a Galactic Software v. National Association of Fire Equipment Distributors and Northwest Nexus, Inc.
983 F. Supp. 1167 (N.D. Ill., Nov. 13, 1997)
(Defendant NAFED was guilty of direct copyright infringement because, without plaintiff's permission or authorization, NAFED obtained copies of plaintiff's copyrighted clip art and uploaded it onto computers hosting NAFED's website accesible to those using the web. Defendant Northwest, however, which hosted NAFED's site on its computers and made it available to those using the Internet, was neither liable for direct nor vicarious copyright infringement. Northwest only provided the means to copy plaintiff's work, much like the owner of a public copying machine used by a third party to copy protected material. It did not actually engage in the copying itself and accordingly, was not guilty of direct infringement. And because Northwest only received a flat fee from NAFED for its hosting activities that did not vary based on the use of NAFED's site, it did not profit from defendant NAFED's infringing activities, and hence was not guilty of vicarious infringement.)