DRK Photo v. McGraw-Hill Global Education Holdings, LLC

Concurrence by Judge BERZON

OPINION

HAWKINS, Circuit Judge:

This appeal raises the now often litigated issue of whether a stock photography agency—here, the Arizona-based agency DRK Photo (“DRK”)—has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line answer to this question. Here, we affirm the grant of summary judgment in favor of defendants, McGraw-Hill Global Education Holdings, LLC and McGraw-Hill School Education Holdings, LLC (collectively, “McGraw-Hill”), because DRK is a nonexclusive…