Copyright infringement case against Airbnb for using photographs in advertisement without due consent

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By Vijay Chauhan

Alexander Bayonne Stross filed a lawsuit on 21st April, 2021 against Airbnb Inc and DKC LLC in the United States District Court, Northern District of California, accusing them of willful copyright infringement and removing copyright management information well as vicarious and contributory copyright infringement. Stross, the owner and principal photographer of Stross Stock, accused Airbnb and DKC of copying ten of his copyrighted works without his consent or license from the internet to advertise, market, and promote their business activities.

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In his complaint, Stross stated that he “applied copyright management information to the works consisting of a copyright symbol, and his name, Alexander Stross, written in faint white writing at the bottom right corner of the images”. Airbnb allegedly removed Stross’s copyright management information from the works. He further alleges Airbnb of making further copies and distributing the work on the internet to promote the sale of goods and services as part of its home rental and vacation platform. The works were also distributed to SFG Media Group that claimed it obtained them by emailing Airbnb’s press email. DKC purportedly provided the works to the media company. Stross first notified Airbnb of its alleged infringement in April 2019. 

By Vijay Chauhan

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Upon not hearing back from them, it prompted him to send another notice, to which Airbnb replied, asking for further details. Stross claims that in August 2020, Airbnb stated that it would take down the works, but he again found the unauthorized work on Airbnb’s website and various blogs on two separate occasions in November 2020 and April 2021.

By Vijay Chauhan