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In these consolidated appeals, the First Circuit affirmed the district court’s decision to (1) dismiss Plaintiffs’ claims under Massachusetts law for libel and intentional interference with prospective contractual relations, (2) bar portions of Plaintiffs’ Mass. Gen. Laws ch. 93A claim from going forward, and (3) award attorney’s fees and costs to Defendant. These consolidated appeals concerned a lawsuit that involved a number of claims arising under federal copyright law, state tort law, and chapter 93A. Defendant operated a website called RipoffReport.com. Plaintiffs were a Massachusetts attorney, a corporate entity that the attorney created, and Christian DuPont. Plaintiffs’ claims pertained to a dispute arising from two reports that DuPont authored and posted on the Ripoff Report and that were highly critical of the attorney. The First Circuit affirmed the district court’s partial grant of Defendant’s motion to dismiss, the district court’s grant of summary judgment in favor of Defendant, and the district court’s fees award order for the reasons stated above. View "Small Justice LLC v. Xcentric Ventures LLC" on Justia Law

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The Ninth Circuit affirmed the district court's grant of summary judgment for defendants in a copyright infringement action. The panel held that DRK, a stock photography agency that markets and licenses images created by others to publishing entities, is a nonexclusive licensing agent for the photographs at issue and has failed to demonstrate any adequate ownership interest in the copyrights to confer standing. The panel also held that DRK lacked standing as a beneficial owner of the copyrights. Finally, the panel affirmed the district court's denial of DRK's motion to modify the scheduling order for leave to amend its complaint. View "DRK Photo v. McGraw-Hill Global Education Holdings, LLC" on Justia Law

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In order to be eligible for the safe harbor protection of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c), the defendant must show that the photographs at issue were stored at the direction of the user. The Ninth Circuit filed an amended opinion reversing the district court's holding, on summary judgment, that defendant was protected by the safe harbor of the DMCA from liability for posting plaintiff's photographs online and vacating a discovery order. The panel held that the common law of agency applied to safe harbor defenses and that, in this case, there were genuine factual disputes regarding whether the moderators are LiveJournal's agents. The panel addressed the remaining elements of the safe harbor defense and vacated the district court's order denying discovery of the moderators' identities. The panel remanded for further proceedings. View "Mavrix Photographs, LLC v. LiveJournal, Inc." on Justia Law

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The Ninth Circuit affirmed the district court's decision that VidAngel had likely violated both the Digital Millennium Copyright Act and the Copyright Act, and order preliminarily enjoining VidAngel from circumventing the technological measures controlling access to copyrighted works on DVDs and Blu-ray discs owned by the plaintiff entertainment studios, copying those works, and streaming, transmitting, or otherwise publicly performing or displaying them electronically. The Ninth Circuit held that the Family Movie Act of 2005 did not exempt VidAngel from liability for copyright infringement; VidAngel's fair use defense failed; the anti-circumvention provision of the Digital Millennium Copyright Act covered plaintiffs' technological protection measures, which control both access to and use of copyrighted works; and the district court did not abuse its discretion by finding irreparable harm, by balancing the equities, and by considering the public interest. View "Disney Enterprises, Inc. v. VidAngel, Inc." on Justia Law

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Plaintiff filed suit against various defendants in the film industry, alleging copyright and state law claims, including breach of implied-in-fact contract and declaratory relief. Plaintiff alleged that defendants used his screenplay idea to create "The Purge" films without providing him compensation or credit as a writer. The Ninth Circuit affirmed the denial of defendants' anti-SLAPP motion to strike the state law claims. In this case, plaintiff's implied-in-fact contract claim did not arise from protected free speech activity because the claim was based on defendants' failure to pay for the use of plaintiff's idea, not the creation, production, distribution, or content of the films. The panel also held that defendants' failure to pay was not conduct in furtherance of the right to free speech. View "Jordan-Benel v. Universal City Studios, Inc." on Justia Law

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Design Basics claims rights to about 2700 home designs and sued Lexington for copyright infringement, contending that Lexington built homes that infringed four Design Basics’ designs. The district court granted Lexington summary judgment, finding no evidence that Lexington ever had access to Design Basics’ home plans. The Seventh Circuit affirmed, agreeing that Design Basics has no evidence of access and stating that no reasonable jury could find that Lexington’s accused plans bear substantial similarities to any original material in Design Basics’ plans. The court noted that its owner acknowledged in his deposition that “potential copyright infringement cases influence[d his] decision to become an owner of Design Basics.” He testified that proceeds from litigation have become a principal revenue stream for Design Basics. “Design Basics’ business model of trawling the Internet for intellectual property treasures is not unique.” View "Design Basics, LLC v. Lexington Homes, Inc." on Justia Law

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Capacity manufactures “Trailer Jockey” semi-tractors. GFL became an authorized Capacity dealer under a 1995 franchise agreement. In 2013, Capacity notified GFL of its intent to terminate GFL’s franchise, alleging GFL had misrepresented the employment status of a former GFL employee who went to work for Capacity’s chief competitor and allowed the employee to continue accessing Capacity’s online parts ordering system while working for the competitor. GFL filed a protest with the state New Motor Vehicle Board, alleging there was no good cause for the termination, as required by the Vehicle Code. An ALJ concluded Capacity had not established good cause because GFL had not violated the express terms of its franchise agreement. The Board agreed. The Sacramento County Superior Court directed the Board to set aside its decision. While that case was pending GFL filed this suit in the Alameda County Superior Court, which concluded that GFL did not have standing because section 11726 only authorizes actions by “licensees” of the DMV and GFL did not possess such a license. The court of appeal reversed. GFL is a member of the class protected by the subdivision of section 11713.3 on which its cause of action is based; its claim is not defeated by its status as non-licensee. View "Guarantee Fork Lift, Inc. v. Capacity of Texas, Inc." on Justia Law

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Registration of a copyright has not been made in accordance with 17 U.S.C. 411(a), until the Register of Copyrights registers the claim. Filing an application does not amount to registration. Fourth Estate filed suit against defendants, alleging that Fourth Estate had filed an application to register its allegedly infringed copyrights, but that the Copyright Office had not registered its claims. The Eleventh Circuit affirmed the district court's dismissal of the action where Fourth Estate has not alleged infringement of any registered work, and this appeal did not involve the ongoing creation of original works, or potential future infringement of works not yet created. View "Fourth Estate Public Benefit v. Wall-Street.com, LLC" on Justia Law

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SoundExchange, a nonprofit entity, charged with the responsibility of collecting royalties for performing artists and copyright owners of music, filed suit under the Copyright Act, 17 U.S.C. 101 et seq., against Muzak, a company that supplies digital music channels to satellite television networks who, in turn, sell to subscribers. SoundExchange alleged that Muzak underpaid royalties owed. The district court dismissed the complaint. The court concluded that the better interpretation of the statute is that the term "service" under section 114(j)(11) contemplates a double limitation; both the business and the program offering must qualify before the transmissions are eligible for the favorable rate. Accordingly, the court reversed the district court. View "SoundExchange, Inc. v. Muzak LLC" on Justia Law

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Mavrix filed suit against LiveJournal for posting 20 of its copyrighted photographs online. The district court granted summary judgment for LiveJournal, holding that the Digital Millennium Copyright Act's (DMCA), 17 U.S.C. 512(c), safe harbor protected LiveJournal from liability because Mavrix's photographs were posted at the direction of the user. In this case, when users submitted Mavrix's photographs to LiveJournal, LiveJournal posted the photographs after a team of volunteer moderators led by a LiveJournal employee reviewed and approved them. The court disagreed with the district court and concluded that the common law of agency does apply to this analysis and that there were genuine factual disputes regarding whether the moderators were LiveJournal's agents. Therefore, the court reversed and remanded for trial. The court addressed the remaining issues that the district court addressed because these issues may be contested on remand. On remand, the district court must determine whether LiveJournal met the section 512(c) safe harbor threshold requirement by showing that the photographs were posted at the direction of the user, then LiveJournal must show that it lacked actual or red flag knowledge of the infringements and that it did not financially benefit from infringements that it had the right and ability to control. View "Mavrix Photographs, LLC v. LiveJournal, Inc." on Justia Law