Tom Bean v. Houghton Mifflin Harcourt Pub.

MEMORANDUM

Tom Bean appeals from the district court’s May 17, 2011 dismissal of certain of his copyright infringement claims against Pearson Education. The district court held that Bean had not alleged he met 17 U.S.C. § 411 (a)’s pre-suit copyright registration requirement as to photographs contained in compilations, because the registration applications for the compilations did not contain the necessary information under 17 U.S.C. § 409 to individually register the images. We have jurisdiction pursuant to 28 U.S.C. § 1291 , Cosmetic Ideas, Inc. v. IAC/Interactivecorp, 606 F.3d 612, 614 (9th Cir.2010), and we VACATE the dismissal order and REMAND for further proceedings.

We recently held in a similar case, Alaska Stock, LLC v. Houghton Mifflin Harcourt Publishing Company, that the registration of a compilation of photographs also registers the individual photographs within the compilation where, as here, the registrant follows Copyright Office practice and does not include the title and author of each individual photograph on the registration application. 747 F.3d 673, 685 (9th Cir.2014).

In Alaska Stock, we further disapproved of the district court’s decision in Bean v.…