Justia Copyright Opinion Summaries

Affordable Aerial Photography, Inc. (AAP) filed a copyright infringement lawsuit against Property Matters USA, LLC (Property Matters) and Home Junction Inc. (Home Junction) in the Southern District of Florida. AAP alleged that Property Matters used a copyrighted aerial photograph on its website without permission. The photograph, created by AAP in 2010, was registered with the Register of Copyrights in 2018. Property Matters moved to dismiss the case, arguing that the statute of limitations had expired. Before the court ruled on the motion, AAP voluntarily dismissed the case without prejudice under Rule 41(a)(1)(A)(i).The district court denied Property Matters' motion for attorney’s fees under 17 U.S.C. § 505, concluding that Property Matters was not the prevailing party because the voluntary dismissal did not materially alter the legal relationship between the parties. The court applied the discovery rule, determining that AAP discovered the alleged infringement in February 2022, making the claim timely.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court’s decision. The appellate court held that a defendant is not the prevailing party under § 505 when a plaintiff’s action is voluntarily dismissed without prejudice under Rule 41(a)(1)(A)(i). The court emphasized that prevailing-party status requires a judicial rejection of the plaintiff’s claim, which did not occur in this case. Therefore, Property Matters was not entitled to attorney’s fees. View "Affordable Aerial Photography, Inc. v. Property Matters USA, LLC" on Justia Law

The case involves the Canadian Standards Association (CSA), a Canadian not-for-profit corporation that holds Canadian copyrights for various model codes. CSA alleged that P.S. Knight Company, Limited, PS Knight Americas, Incorporated, and Gordon Knight (collectively, Knight) infringed its copyrights by selling competing versions of CSA’s codes. These codes had been incorporated by reference into Canadian statutes and regulations. Knight argued that his actions were permissible under U.S. copyright law, as the codes had become "the law" of Canada.The United States District Court for the Western District of Texas found in favor of CSA, granting its motion for summary judgment and issuing a permanent injunction against Knight. The district court held that Knight's copying of CSA’s codes constituted copyright infringement and declared Knight’s U.S. copyright registration invalid. Knight appealed the decision, arguing that the district court improperly applied the law.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court found that the district court had improperly applied the holding of Veeck v. Southern Building Code Congress International, Inc., which states that once model codes are enacted into law, they become "the law" and may be reproduced or distributed as such. The Fifth Circuit held that because CSA’s model codes had been incorporated into Canadian law, Knight’s copying of those codes did not constitute copyright infringement under U.S. law.The Fifth Circuit reversed the district court’s summary judgment decisions, vacated the grant of injunctive relief, and remanded the case with instructions to grant summary judgment in favor of Knight and to dismiss CSA’s copyright infringement claim. View "Canadian Standards Association v. P.S. Knight Company Limited" on Justia Law

This case involves a dispute between Motorola Solutions, Inc. and Hytera Communications Corporation Ltd., two global competitors in the market for two-way radio systems. After struggling to develop its own competing products, Hytera poached three engineers from Motorola, who, before leaving Motorola, downloaded thousands of documents and files containing Motorola's trade secrets and copyrighted source code. Using this stolen material, Hytera launched a line of radios that were functionally indistinguishable from Motorola's radios. In 2017, Motorola sued Hytera for copyright infringement and trade secret misappropriation.The jury found that Hytera had violated both the Defend Trade Secrets Act of 2016 (DTSA) and the Copyright Act, awarding compensatory and punitive damages totaling $764.6 million. The district court later reduced the award to $543.7 million and denied Motorola’s request for a permanent injunction. Both parties appealed.The United States Court of Appeals for the Seventh Circuit held that the district court must recalculate copyright damages, which will need to be reduced substantially from the original award of $136.3 million. The court affirmed the district court’s award of $135.8 million in compensatory damages and $271.6 million in punitive damages under the DTSA. The court also found that the district court erred in denying Motorola’s motion for reconsideration of the denial of permanent injunctive relief. The case was remanded for the district court to reconsider the issue of permanent injunctive relief. View "Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd." on Justia Law

The case revolves around a dispute between Apprio, Inc., a government contractor, and its former employee, Neil Zaccari. Zaccari, a Senior Technical Manager at Apprio, had developed a regulatory compliance software prior to his employment. During his tenure, he updated the software, demonstrated it at work, and handed it over to Apprio upon request. Apprio then sent Zaccari a document titled “Proprietary Information and Assignment of Inventions Agreement,” which Zaccari acknowledged through Apprio’s human resources portal. After his termination, Zaccari copyrighted the updated software and sued Apprio for breaching the agreement when it allegedly forced him to turn over a copy of the software to an Apprio client. In response, Apprio countersued Zaccari for breaching the agreement when he refused to assign his rights in the updated software to Apprio.The District Court combined the cases, dismissed Zaccari’s case for failure to state a claim, and granted partial and full summary judgment for Apprio with respect to contractual assignment of rights in the updated software and its breach of contract claim. Zaccari appealed, arguing that the agreement is not an enforceable contract and, alternatively, that the agreement neither supports the assignment of his rights in the updated software to Apprio nor a finding that he breached the agreement.The United States Court of Appeals for the District of Columbia Circuit disagreed with Zaccari's arguments. The court held that Zaccari’s “acknowledgment” of the agreement created an enforceable contract that requires Zaccari to assign his rights in the updated software to Apprio. Accordingly, Zaccari breached the binding agreement by failing to assign those rights to Apprio and disclosing the updated software’s underlying code to the U.S. Copyright Office in order to obtain the copyright. The court affirmed the District Court's decision. View "Apprio, Inc. v. Zaccari" on Justia Law

The case revolves around a dispute over the estate of Dr. Lester Frank Sumrall, who founded a church that grew into a global evangelical empire, LeSEA, Inc. After his death, his son and grandson, Lester Sumrall, claimed they should have inherited part of his estate, including copyrights to his works and his right of publicity. They alleged that LeSEA, now controlled by other family members, had wrongfully taken ownership of these assets.The case was initially heard in the United States District Court for the Northern District of Indiana. The district court dismissed the claims brought by Lester Sumrall and the Lester Sumrall Family Trust against LeSEA and its affiliates, ruling in favor of LeSEA on all counts. The court found that the copyright claims were untimely and that LeSEA owned the copyright to a particular photograph, the "Traveler Photo," taken by Lester Sumrall. The court also dismissed various state law claims for damages under the doctrine of laches, citing inexcusable delay in asserting rights and prejudice to the adverse party.Upon appeal, the United States Court of Appeals for the Seventh Circuit affirmed the district court's decision. The appellate court agreed that the copyright claims were untimely and that LeSEA owned the copyright to the Traveler Photo. The court also upheld the application of laches to the state law claims, noting that laches is equally applicable in suits at law in Indiana. Finally, the court dismissed the claim for LeSEA's alleged use of Dr. Sumrall's right of publicity, as the Trust failed to plead the required half-ownership. View "Sumrall v. LeSEA, Inc." on Justia Law

A graphic designer, Cynthia Foss, filed a lawsuit against Marvic, Inc., Brady-Built, Inc., and Charter Communications, alleging copyright infringement. Foss claimed that Marvic and Brady-Built used a marketing brochure she created without her permission. She also sought a declaratory judgment that Charter Communications was not eligible for the Digital Millennium Copyright Act's safe-harbor defense.Previously, Foss had filed a similar lawsuit against Marvic alone, which was dismissed because she had not registered her copyright before filing the suit. This dismissal was affirmed by the First Circuit Court of Appeals. In the current case, the District Court dismissed Foss's copyright infringement claim against Marvic and Brady-Built on the grounds of claim preclusion, citing the dismissal of her earlier lawsuit. The court also dismissed her claim against Charter Communications for lack of jurisdiction and failure to state a plausible claim.The United States Court of Appeals for the First Circuit vacated the dismissal of the copyright infringement claim against Marvic and Brady-Built. The court found that the dismissal of Foss's earlier lawsuit was not a "final judgment on the merits" for claim preclusion purposes. However, the court affirmed the dismissal of Foss's claim against Charter Communications for lack of jurisdiction. The court also vacated the District Court's alternative merits-based dismissal of Foss's claim against Charter Communications. The case was remanded for further proceedings. View "Foss v. Marvic" on Justia Law

The case revolves around a copyright infringement claim brought by Laney Griner, the owner of the copyright to a popular internet meme template known as "Success Kid." The meme was used by the King for Congress Committee, a political campaign committee, to solicit donations. Griner sued the Congressman and the Committee for copyright infringement. The jury found the Committee, but not the Congressman, liable for copyright infringement and awarded Griner $750, the statutory minimum. Both parties moved for costs and attorney’s fees, which the district court partially granted and denied to both parties, but denied all attorney’s fees.The Committee appealed the decision, arguing that it had an implied license to use the meme and that its use constituted fair use. The Committee also contested the district court's evidentiary rulings and the jury's instruction regarding damages. The Defendants appealed the denial of attorney’s fees and some costs.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The court found that the Committee had waived its implied license defense and that the jury correctly concluded that the Committee's use of the meme did not constitute fair use. The court also found no abuse of discretion in the district court's evidentiary rulings and held that the Committee's challenge to the jury instruction regarding damages was waived. The court affirmed the district court's decision not to award attorney’s fees and its denial of additional costs. View "Griner v. King for Congress" on Justia Law

The case involves the Medical Imaging & Technology Alliance and the Advanced Medical Technology Association, two trade associations representing medical device manufacturers, who sued the Library of Congress and the Librarian of Congress. The dispute arose from an exemption to the Digital Millennium Copyright Act (DMCA) that allowed some access to the software of advanced medical devices. The trade associations claimed that the exemption violated the Administrative Procedure Act (APA). The district court dismissed the case, ruling that the APA claims were barred by sovereign immunity because the Library of Congress is part of “the Congress” and therefore not an “agency” within the meaning of the APA’s judicial review provision.The United States Court of Appeals for the District of Columbia Circuit reversed the district court's decision. The court held that irrespective of whether the Library is an “agency,” Congress has specified that copyright regulations under Title 17 of the U.S. Code are subject to the APA. The court concluded that DMCA rules are subject to the APA just like other copyright rules, and therefore, the APA provides the necessary waiver of sovereign immunity for this suit. The court remanded the case back to the district court to assess the APA claims. View "Medical Imaging & Technology Alliance v. Library of Congress" on Justia Law

The case revolves around a dispute between Sherman Nealy and Warner Chappell Music, Inc. Nealy, who co-founded Music Specialist, Inc. in 1983, alleged that he held the copyrights to the company's songs and that Warner Chappell's licensing activities infringed his rights. The infringing activity, according to Nealy, dated back to 2008, ten years before he brought suit. Nealy sought damages and profits for the alleged misconduct, as authorized by the Copyright Act. To proceed with his claims, Nealy had to show they were timely under the Copyright Act, which requires a plaintiff to file suit "within three years after the claim accrued." Nealy argued that all his claims were timely under the discovery rule because he did not learn of Warner Chappell’s infringing conduct until 2016, less than three years before he sued.In the District Court, Warner Chappell accepted that the discovery rule governed the timeliness of Nealy’s claims. However, it argued that even if Nealy could sue under that rule for infringements going back ten years, he could recover damages or profits for only those occurring in the last three. The District Court agreed, and Nealy appealed. The Eleventh Circuit reversed the decision, rejecting the notion of a three-year damages bar on a timely claim.The Supreme Court of the United States affirmed the Eleventh Circuit's decision. The Court held that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred. The Act’s statute of limitations establishes a three-year period for filing suit, which begins to run when a claim accrues. That provision establishes no separate three-year limit on recovering damages. If any time limit on damages exists, it must come from the Act’s remedial sections. But those provisions merely state that an infringer is liable either for statutory damages or for the owner’s actual damages and the infringer’s profits. There is no time limit on monetary recovery. So a copyright owner possessing a timely claim is entitled to damages for infringement, no matter when the infringement occurred. View "Warner Chappell Music, Inc. v. Nealy" on Justia Law

The case revolves around a dispute between two competitors in the construction equipment market, I Dig Texas, LLC, and Kerry Creager, along with Creager Services, LLC. I Dig Texas used copyrighted photographs of Creager's products, which were made in China, in its advertisements to emphasize its own products' American-made status. This led to claims under the Copyright Act and the Lanham Act.Previously, the United States District Court for the Northern District of Oklahoma granted summary judgment to I Dig Texas on Creager's federal claims and remanded all of the state-law claims to state court. Creager had claimed that the use of its photographs constituted copyright infringement and that the accompanying text misrepresented the origin of I Dig Texas's products.The United States Court of Appeals for the Tenth Circuit affirmed the lower court's decision. The court found that Creager failed to present evidence of any profit from the use of its photographs, which was necessary to establish a claim for copyright infringement. The court also found that I Dig Texas's advertisements were not literally false under the Lanham Act. The advertisements were ambiguous as to whether a product is considered American-made when it is assembled in the United States but uses some foreign components. The court concluded that such a claim is not literally false because the claim itself is ambiguous. The court also affirmed the lower court's decision to decline supplemental jurisdiction over the remaining state-law claims and remand these claims to state court. View "I Dig Texas v. Creager" on Justia Law