Articles Posted in U.S. Court of Appeals for the Seventh Circuit

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Plaintiff sued Amazon, claiming that it permitted third parties to advertise counterfeit copies of books, Vagabond Natural and Vagabond Spiritual, that the plaintiff wrote and self‐published, detailing his experiences as a vagabond homeless man. He says Amazon refused repeated requests to remove the advertisements, although Amazon did eventually remove them. He insists that legitimate sales would have generated “millions of dollars for Amazon” and allowed him “to end homelessness,” but that Amazon “forcefully exploited” his books by counterfeiting them. He claims to have examined copies of each book purchased through Amazon by his cousin and determined that all were unauthorized reproductions because genuine copies would bear his fingernail indentations on the covers. The district judge dismissed. The Seventh Circuit affirmed, noting that the books at issue are hard copies, rather than online copies, and are almost certainly Hart’s self‐published books because they are identical to those books. Only six copies were sold by Amazon. There is no plausible allegation that, even if the books sold by Amazon are counterfeits, Amazon was aware of the fact. Counterfeiting cannot be presumed; Hart’s claims did not meet even a minimum standard of plausibility. View "Hart v. Amazon.com, Inc." on Justia Law

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In 1984, Jesus Muhammad‐Ali painted a portrait of the leader of the Nation of Islam, Louis Farrakhan. Ali later testified that his agreement with Farrakhan included only the portrait, not lithographs, and that Farrakhan never asked him to produce lithographs. In 2013, Ali sued Final Call, a newspaper that describes itself as the “propagation arm of the Nation of Islam,” for copyright infringement. Final Call admittedly had sold 115 copies of a lithograph of Ali’s Farrakhan portrait, but claimed it had authority to do so. The Seventh Circuit reversed the district court’s judgment in favor of Final Call. The law places the burden of proof on the party asserting license or authorization. Ali proved all he was required to prove, a prima facie case of infringement. A plaintiff is not required to prove that the defendant’s copying was unauthorized in order to state a prima facie case of copyright infringement. View "Ali v. Final Call, Inc." on Justia Law

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Bell sued several defendants for copyright infringement, alleging that they impermissibly displayed a photo of the Indianapolis skyline that belongs to Bell on websites promoting their respective businesses. With respect to one defendant, Bell misidentified the photograph. As for the other defendants, the court concluded that although Bell had established ownership of the photo, he had failed to prove damages: Bell had not demonstrated the photo’s fair market value, nor had he shown that defendants profited from their use of his photo. The district court granted summary judgment for defendants on both damages and injunctive and declaratory relief. Bell filed a second copyright infringement lawsuit against some of the defendants in the same court. The district court dismissed the second case based on res judicata. The Seventh Circuit affirmed both decisions, noting that the photographs were removed from the websites long ago and that the websites no longer exist. The second lawsuit involved a common core of operative facts. View "Bell v. Taylor" on Justia Law

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Bell, a practicing attorney and professional photographer, filed a copyright infringement action against 46 defendants including Lantz, based on their website publication of Bell’s photograph of the Indianapolis skyline. Eventually, Bell confirmed that Lantz had not infringed his copyright, and voluntarily dismissed his claim with prejudice. Lantz moved, as the prevailing party, for costs and attorney’s fees under 17 U.S.C. 505, the Copyright Act. The district court considered the nonexclusive factors outlined in Supreme Court precedent and concluded that the action was frivolous, that Bell’s motivation was questionable, that the action was objectively unreasonable, and that awarding fees would advance the considerations of compensation and deterrence. The Seventh Circuit vacated and remanded for recalculation of the award, finding no support for the attorney’s hourly rate. View "Bell v. Lantz" on Justia Law

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Consumer Health Information sued Amylin Pharmaceuticals,alleging copyright infringement. 17 U.S.C. 101, concerning patient-education materials Consumer Health developed for Amylin’s use in marketing its diabetes drug Byetta. The parties’ contract, executed in 2006, unambiguously assigns the copyright to Amylin. Consumer Health alleged that the contract was induced by fraud or economic distress and sought rescission. The district court dismissed the suit as untimely. The Seventh Circuit affirmed. Consumer Health assigned the copyright to Amylin in 2006 but did not file this suit until 2013, several years too late under either a four-year limitations period that applies to claims for contract rescission under California law, or under the Copyright Act’s three-year statute of limitations, 17 U.S.C. 507(b). Consumer Health’s cause of action accrued when the contract was executed; at that point Consumer Health knew that Amylin owned the copyright, and the limitations clock on a suit to reclaim ownership started ticking. View "Consumer Health Info. Co v. Amylin Pharma., Inc." on Justia Law