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`UNITED STATES COURT OF APPEALS
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`FOR THE NINTH CIRCUIT
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`FILED
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`AUG 14 2020
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`MOLLY C. DWYER, CLERK
`U.S. COURT OF APPEALS
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` Plaintiff-Appellant,
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`
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`No. 19-16339
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`D.C. No. 4:19-cv-01547-JSW
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`
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`MEMORANDUM*
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`TAMI HARRISON,
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` v.
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`FACEBOOK, INC., a Delaware corporation,
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` Defendant-Appellee.
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`
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`Appeal from the United States District Court
`for the Northern District of California
`Jeffrey S. White, District Judge, Presiding
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`Submitted August 12, 2020**
`San Francisco, California
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`Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit
`Judges.
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`
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`Tami Harrison appeals the district court’s dismissal of her action for direct
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`copyright infringement. The parties are familiar with the facts, so we do not repeat
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`them here. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
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`
`*
` This disposition is not appropriate for publication and is not precedent
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`except as provided by Ninth Circuit Rule 36-3.
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`** The panel unanimously concludes this case is suitable for decision
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`without oral argument. See Fed. R. App. P. 34(a)(2).
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`To establish a prima facie case of direct copyright infringement, a plaintiff
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`must (1) “show ownership of the allegedly infringed material” and (2)
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`“demonstrate that the alleged infringers violated at least one exclusive right
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`granted to copyright holders under 17 U.S.C. § 106.” Perfect 10 v. Giganews, 847
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`F.3d 657, 666 (9th Cir. 2017) (quoting A&M Records v. Napster, Inc., 239 F.3d
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`1004, 1013 (9th Cir. 2001)). Exclusive rights granted to copyright holders include
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`the right to “reproduce” and “display” the copyrighted work. 17 U.S.C. § 106(1),
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`(5). A claim for direct infringement also requires the plaintiff to show “volitional
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`conduct” or “causation” by the defendant. Perfect 10, 847 F.3d at 666.
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`Harrison has failed to allege that Facebook engaged in any volitional
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`conduct that would give rise to a claim for direct copyright infringement. Id. at
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`668 (“The evidence does not demonstrate that Giganews—as opposed to the user
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`who called up the images—caused the images to be displayed.”). Harrison or her
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`agent uploaded her copyrighted works to Facebook. Harrison has alleged only that
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`Facebook passively hosted the content and failed to remove it when Harrison was
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`unable to follow Facebook’s procedures for removal.
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`Harrison or her agent also consented to Facebook’s terms of service when
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`the content was uploaded. By doing so, she or her agent gave Facebook a license
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`to display the copyrighted works. That license expires only when the user deletes
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`the images or the entire Facebook account—neither of which Harrison has done.
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`2
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`Facebook therefore retains a license to display Harrison’s copyrighted works.
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`AFFIRMED.
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`3
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