Anna Maria Alberghetti, et al. v. Corbis Corporation

June 30, 2011

Anna Maria Alberghetti, Bonnie Pointer of the Pointer Sisters, and Judy Tenuta, filed a class action lawsuit in the Central District of California against Corbis for allegedly violating the publicity rights of the entertainers by publishing their photos in Corbis' online catalog and licensing copyrights to those photographs without their consent. Fenwick used admissions obtained in discovery depositions from plaintiffs to defeat class certification.

In a published decision, the Court denied plaintiffs' motion for class certification on numerous grounds. 263 F.R.D. 571 (C.D. Cal. 2010).  The court subsequently granted Corbis' motion for summary judgment, on the basis that the single publication rule applied and, therefore, that each online display of an allegedly infringing image did not constitute a new publication, barring plaintiffs' claims by the statute of limitations. The summary judgment in favor of Corbis also including and award of attorneys' fees in Corbis' favor.