Justia Copyright Opinion Summaries

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After a blog operator filed suit against a content aggregator for copyright infringement after the aggregator copied and published the blog's content, the jury ruled in favor of the blog operator. At issue is whether the district court should have allowed the jury to decide whether the aggregator had an implied license to copy and publish the blog's content.The Eleventh Circuit concluded that, although the district court employed a too narrow understanding of an implied license, a jury could not have reasonably inferred that the blog impliedly granted the aggregator a license to copy and publish its content. In this case, the district court erred by granting judgment as a matter of law against the aggregator on its implied-license defense; the district court did not err by instructing the jury that it could consider unregistered articles in its calculation of statutory damages; the district court did not abuse its discretion by denying the aggregator's motion for a new trial on the basis of the jury's statutory-damages award; the district court did not err by failing to consult with the register of copyrights about the alleged fraud on the copyright office; and the aggregator is not entitled to judgment as a matter of law on its fair-use defense. Accordingly, the court affirmed the judgment against the aggregator. View "MidlevelU, Inc. v. ACI Information Group" on Justia Law

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In 2013, the Naval Facilities Engineering Command installed copyrighted graphics-rendering software created by German company Bitmanagement onto all computers in the Navy-Marine Corps Intranet. No express contract or license agreement authorized the Navy’s actions. In 2016, Bitmanagement filed suit, alleging copyright infringement, 28 U.S.C. 1498(b). The Claims Court found that, while Bitmanagement had established a prima facie case of copyright infringement, the Navy was not liable because it was authorized to make copies by an implied license, arising from the Navy’s purchase of individual licenses to test the software and various agreements between the Navy and the vendor.The Federal Circuit vacated and remanded for the calculation of damages. The Claims Court ended its analysis prematurely by failing to consider whether the Navy complied with the terms of the implied license, which can readily be understood from the parties’ entire course of dealings. The implied license was conditioned on the Navy using a license-tracking software, Flexera, to “FlexWrap” the program and monitor the number of simultaneous users. The Navy failed to effectively FlexWrap the copies it made; Flexera tracking did not occur as contemplated by the implied license. That failure to comply creates liability for infringement. View "Bitmanagement Software GMBH v. United States" on Justia Law

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After defendant pleaded guilty to one count of criminal copyright infringement, the district court sentenced defendant to 46 months' imprisonment and ordered him to pay restitution to the copyright owner, Scientific Games Corporation.After determining that defendant's appeal waiver did not bar defendant's challenge, the Fifth Circuit vacated the restitution order, concluding that the government failed to carry its burden of properly establishing the number of infringing items placed into commerce that defendant was responsible for and the resulting harm to Scientific Games in terms of lost net profit. The court remanded for the district court to reanalyze the government's evidence and to determine the number of counterfeit Life of Luxury (LOL) motherboards actually sold and put into the market to compete with legitimate LOL games and the net profit lost by Scientific Games as a result. The court dismissed defendant's challenge to the imposition of a sentencing enhancement because it is barred by his appeal waiver. View "United States v. Kim" on Justia Law

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OverDrive, a digital reading platform, belonged to International Digital Publishing Forum, a trade association dedicated to the development of electronic publishing standards. International’s members developed EPUB, the leading eBook format. International's intellectual-property policy, approved by all its members, states that International’s members retain any copyrights in their independent contributions to EPUB but grants International a license to “reproduce, adapt, distribute, perform, display, and create derivative works” of any copyrighted contributions to EPUB. International may sublicense others to do the same. By a vote of 88% to 12%, International agreed to transfer its assets to the Consortium and to grant the Consortium a license to use International's intellectual property to carry out Internationa;'s digital publishing activities. International would commence dissolution, after which its intellectual property rights would be owned by the Consortium. The Consortium began developing improvements to EPUB. A second agreement affirmed the first, explaining that the license included International’s sub-licensable rights to any copyrights its members retained.OverDrive sought a declaratory judgment that International had violated, and would violate in the future, its copyrights in EPUB. The district court granted International summary judgment. The Sixth Circuit affirmed. International validly licensed its intellectual property and it would be premature to resolve any claim about future transfers. Under the Copyright Act, 17 U.S.C. 106, OverDrive granted International the right to use any copyrights OverDrive had in EPUB. International an unrestricted right to grant sublicenses with respect to those copyrights. View "OverDrive Inc. v. Open E-Book Forum" on Justia Law

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After Desire filed suit against various defendants for copyright infringement, the district court held that Desire owned a valid copyright in the fabric design that was the subject of the action (the Subject Design), and that the Subject Design was entitled to broad copyright protection. The jury returned a verdict for Desire, finding that Manna, ABN, and Top Fashion willfully infringed the Subject Design, and that Pride & Joys and 618 Main innocently infringed the Subject Design.The Ninth Circuit held that the district court did not err in granting summary judgment in favor of Desire on the validity of its copyright and the scope of the Subject Design's copyright protection. The panel explained that the "similarity" of one design to another has no bearing on whether Desire "independently created" the subject design. Furthermore, defendants have also failed to introduce evidence that the Subject Design lacked the necessary "modicum of creativity" to be entitled to a valid copyright. The panel also held that the district court correctly extended broad copyright protection to the Subject Design. However, the panel held that the district court erred in permitting multiple awards of statutory damages. In this case, the district court correctly apportioned joint and several liability among the defendants, but the Copyright Act permits only one award of statutory damages here. Therefore, the panel affirmed in part, reversed in part, vacated the judgment awarding Desire multiple awards of statutory damages, and remanded for further proceedings. View "Desire, LLC v. Manna Textiles, Inc." on Justia Law

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The Ninth Circuit reversed the district court's summary judgment in favor of defendants on a copyright infringement claim and affirmed the district court's dismissal and grant of summary judgment in favor of defendants on a trademark claim concerning the book "Oh, the Places You'll Boldly Go!," (the mash-up) a Dr. Seuss and Star Trek mash-up.The panel held that the mash-up does not make fair use of "Oh, the Places You'll Go!" (the original work). The panel explained that the purpose and character of the mash-up; the nature of the original work; the amount and substantiality of the original work; and the potential market for or value of Seuss, all weigh against fair use. The panel concluded that the bottom line is that ComicMix created, without seeking permission or a license, a non-transformative commercial work that targets and usurps the original work's potential market, and ComicMix cannot sustain a fair use defense. The panel also held that Seuss does not have a cognizable trademark infringement claim against ComicMix because the Lanham Act did not apply under the Rogers test. In this case, the allegedly valid trademarks in the title, the typeface, and the style of the original work were relevant to achieving the mash-up's artistic purpose, and the use of the claimed original work trademarks was not explicitly misleading. View "Dr. Seuss Enterprises, LP v. ComicMix LLC" on Justia Law

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Rogers owned RJ Control. Elder owns Multiject, which engineers and sells accessories for plastic injection molding. In 2008, the parties entered into an oral agreement. Rogers developed a control system for injection molding. RJ updated that system design in 2013 (Design 3). The parties dispute the invoicing for Design 3. In 2014, Elder asked for copies of Design 3’s diagrams and software source code. Rogers disclosed that information. Days later, Elder indicated that Multiject would no longer need Rogers’s services and would instead use RSW for the assembly and wiring of the control systems. RSW's quote explicitly referenced Design 3’s software code and technical drawings without any changes. RSW apparently believed Multiject had permission to use the software and technical drawings.Almost two years later, Rogers obtained Copyright Certificates of Registration for the software code and the technical drawings. RJ filed suit. The district court granted the defendants summary judgment. The Sixth Circuit affirmed in part. The use of the Design 3 drawing to manufacture a control system is not an act of copyright infringement. Copyright protection extends to the drawing itself, 17 U.S.C. 106, but does not extend to the use of those drawings to create the described useful article. Patent law, with stricter standards requiring novelty, governs use protection. The court reversed with respect to the software code, finding that material questions of fact remain concerning whether the complex technology is properly protected under the Copyright Act. View "RJ Control Consultants, Inc. v. Multiject, LLC" on Justia Law

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In 1999, Hiller, the largest home-services company in Tennessee, became a paying “member” of Success Group, which offers management advice and customer-service training to home-services companies. Clockwork owned Success, which conducted training courses using manuals copyrighted by Clockwork. Hiller sent its employees to those courses; they had access to the Manuals. In 2014, Clockwork sold Success to Aquila. Clockwork retained ownership of the Manual copyrights but granted Aquila a perpetual license. In 2015, Hiller hired the Pike Group to create the Guide for use in place of the Manuals to train its technicians. Pike had no expertise in the home-services industry; to learn what Hiller wanted, Pike conducted a workshop attended by Hiller employees and representatives of Aquila and Success. The participants referred to at least one of the Manuals.The resulting Guide included some content taken directly from the Manuals. In 2016, Success conducted a class using a workbook that closely resembled the Guide. Hiller ended its Success membership, demanded that Success stop using the workbook, registered its copyright in the Guide, and sued Success for copyright infringement. Clockwork was allowed to intervene.A jury concluded that Hiller had a valid copyright in the Guide and that the Success workbook copied protected elements of the Guide. Clockwork’s request for declaratory relief invalidating Hiller’s copyright was rejected. The Third Circuit affirmed. The jury reasonably concluded that Hiller created enough original material to gain copyright protection and the jury was correctly instructed that the Guide’s incorporation of some Clockwork-copyrighted content did not invalidate Hiller’s copyright in the Guide’s original parts. View "Hiller, LLC v. Success Group International Learning Alliance, LLC" on Justia Law

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Paul Batiste, a local jazz musician, brought a copyright infringement action against the world-famous hip-hop duo Macklemore & Ryan Lewis. After the district court found no evidence of copyrighting, it granted summary judgment for defendants and then ordered both Batiste and his attorney to pay defendants' attorneys' fees.The Fifth Circuit held that the district court acted well within its discretion in denying Batiste's motion for leave to supplement his summary-judgment opposition. The court also held that the district court correctly granted summary judgment for defendants on the copyright infringement claims where Batiste failed to produce evidence for a reasonable jury to infer that defendants had access to his music or to find striking similarities between his songs and those of defendants. Therefore, he cannot prove factual copying and his copyright claims fail. The court further held that, given the objective unreasonableness of Batiste's claims, his history of litigation misconduct, and his pattern of filing overaggressive copyright actions, the district court did not abuse its discretion in awarding fees to defendants under the Copyright Act. Finally, the court lacked jurisdiction to review Batiste's challenge to the district court's decision to hold his attorney jointly and severally liable for the fee award as a sanction. View "Batiste v. Lewis" on Justia Law

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Four Seasons front man Frankie Valli and other defendants associated with Jersey Boys did not infringe Rex Woodard's copyright in the autobiography of Tommy DeVito, now owned by Donna Corbello, Woodard's surviving wife.The Ninth Circuit affirmed the district court's judgment, after a jury trial in favor of defendants, on the sole ground that Jersey Boys did not infringe DeVito's biography, and so the panel did not reach the district court's fair use rationale. The panel rests its decision primarily on the unremarkable proposition that facts, in and of themselves, may not form the basis for a copyright claim. In this case, each of the alleged similarities between the Play and the Work are based on historical facts, common phrases and scenes-a-faire, or elements that were treated as facts in the Work and are thus unprotected by copyright, even though now challenged as fictional. The panel explained that neither Valli nor the other defendants violated Corbello's copyright by depicting in the Play events in their own lives that are also documented in the Work. Therefore, because the Play did not copy any protected elements of the Work, there was no copyright infringement. View "Corbello v. Vallli" on Justia Law