Justia Copyright Opinion Summaries
Everly v. Everly
In 1960, the Everly Brothers (Don and Phil) recorded, released, and copyrighted "Cathy’s Clown" and two other songs (the Compositions), granting the copyrights to Acuff-Rose. The original copyrights listed Phil and Don as authors; both received royalties. They were both credited as authors of Cathy’s Clown in 1961 and 1975 awards. They took joint credit for authoring the song in a 1972 television interview. In a 1980 “Release and Assignment,” Phil agreed to release to Don all of his rights to the Compositions, including “every claim of every nature by him as to the compositions of said songs.” Don subsequently received all royalty payments and public credit as the author; Acuff-Rose changed its business records to reflect Don as sole author. Licenses and credits for Cathy’s Clown and a 1988 copyright renewal listed Don as the only author. Both brothers nonetheless made public statements continuing to credit Phil as a co-author. In 2011, Don sought to execute his 17 U.S.C. 304(c) right to termination to regain copyright ownership from Acuff-Rose, claiming exclusive copyright ownership. Phil exercised termination rights as to other compositions, in 2007 and 2012, but never attempted to terminate any grant related to the 1960 Compositions. After Phil’s 2014 death, his children filed notices of termination as to the 1960 Grants, seeking to regain Phil’s rights to Cathy’s Clown. In 2016, they served a notice of termination as to Phil’s 1980 Assignment to Don. The district court granted Don summary judgment, finding that the claim of Phil’s co-authorship was barred by the statute of limitations. The Sixth Circuit reversed, finding a genuine factual dispute as to whether Don expressly repudiated Phil’s co-authorship, and thus triggered the statute of limitations, no later than 2011. View "Everly v. Everly" on Justia Law
Georgia v. Public Resource.Org, Inc.
The Official Code of Georgia Annotated (OCGA) includes the text of every Georgia statute currently in force. Non-binding annotations appear beneath each statutory provision, typically including summaries of judicial opinions construing each provision, summaries of pertinent attorney general opinions, and a list of related law review articles and other reference materials. The OCGA is assembled by the Code Revision Commission, a state entity composed mostly of legislators, funded through legislative branch appropriations, and staffed by the Office of Legislative Counsel. The current OCGA annotations were produced by a private publisher, pursuant to a work-for-hire agreement, which states that any copyright in the OCGA vests in the state, acting through the Commission. A nonprofit, dedicated to facilitating public access to government records and legal materials, posted the OCGA online and distributed copies. The Commission sued for infringement under the Copyright Act, 17 U.S.C. 102(a). The Eleventh Circuit and the Supreme Court held that OCGA annotations are ineligible for copyright protection. Under the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of the works they create in the course of their official duties. The Court noted long-standing precedent that an official reporter cannot hold a copyright interest in opinions created by judges; no one can own the law. The doctrine applies to whatever work legislators perform in their capacity as legislators, including explanatory and procedural materials they create in the discharge of their legislative duties. The sole “author” of the annotations is the Commission, which functions as an arm of the Georgia Legislature and creates the annotations in the discharge of its legislative duties. The Court focused on authorship, stating that Georgia’s characterization of the OCGA annotations as non-binding and non-authoritative undersells the practical significance of the annotations to litigants and citizens. View "Georgia v. Public Resource.Org, Inc." on Justia Law
Infogroup, Inc. v. DatabaseUSA.com LLC
The Eighth Circuit affirmed judgments against DatabaseUSA for copyright infringement and Vinod Gupta for breach of contract. After Gupta founded Infogroup, he and the company entered a separation agreement. Then Gupta found DatabaseUSA two years later. The court held that a reasonable juror, based on the evidence at trial, could have found Infogroup owned a valid copyright; a reasonable juror could have concluded that DatabaseUSA copied the original elements of Infogroup's work; and, because of spoliation, DatabaseUSA's two arguments against copying fail. Finally, the court affirmed the $11.2 million award for the copyright infringement claim and the $10 million award for the breach of contract claim. View "Infogroup, Inc. v. DatabaseUSA.com LLC" on Justia Law
Webster v. Guitars
Plaintiff, a successful guitar maker and technician, designed a lightning storm graphic that originally appeared on the guitar of Darrell Abbott, late guitarist of the heavy-metal band Pantera. This copyright registration action relates to the lightning storm graphic. Plaintiff filed suit against defendant and several others, alleging copyright infringement, unfair competition, and false endorsement. The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of defendants, holding that the district court properly concluded that plaintiff's copyright claim, primarily concerning copyright ownership, was time-barred; the district court correctly granted summary judgment in favor of defendants on plaintiff's false advertising and unfair competition claims because the statements he relies on were not false or misleading; and the district court properly granted summary judgment in favor of defendants on plaintiff's false endorsement claim, because plaintiff failed to establish a likelihood of consumer confusion, mistake, or deception. View "Webster v. Guitars" on Justia Law
Cortes-Ramos v. Martin-Morales
The First Circuit affirmed in part and vacated in part the decision of the district court dismissing Plaintiff's claims alleging violations of federal copyright law and various Puerto Rico laws, holding that the district court correctly held that the complaint failed to state a copyright claim because it did not allege registration but that the district court erred in holding that the complaint otherwise failed to state a copyright claim and dismissing the complaint with prejudice. Plaintiff sued Enrique Martin-Morales (aka Ricky Martin) and other unknown defendants regarding Plaintiff's music video for a music contest. Plaintiff alleged that Martin's music video for his song Vida was almost identical to the one that Plaintiff composed and created. The district court dismissed Plaintiff's claims pursuant to Fed. R. Civ. P. 12(b)(6). The First Circuit held (1) aside from registration, Plaintiff sufficiently alleged a copyright violation, and remand was required to allow the district court to consider whether the to dismiss the copyright claim without prejudice or to allow Plaintiff to supplement his complaint to allege registration; and (2) the district court correctly dismissed the state law claims. View "Cortes-Ramos v. Martin-Morales" on Justia Law
Tresóna Multimedia, LLC v. Burbank High School Vocal Music Ass’n
The Ninth Circuit affirmed the district court's grant of summary judgment to defendants in an action brought by plaintiff, a licensing company, alleging that the Burbank High School student show choirs failed to obtain licenses for their use of copyrighted sheet music in arranging a show choir performance. The panel held that plaintiff lacked standing to sue as to three of the four musical works at issue, and that the defense of fair use rendered the use of the fourth work noninfringing. In regard to the three works, plaintiff received its interests in the three songs from individual co-owners of copyright, without the consent of the other co-owners, and therefore held only nonexclusive licenses in those works. The panel held that the use of the fourth work was a fair use in light of the limited and transformative nature of the use and the work's nonprofit educational purposes in enhancing the educational experience of high school students. Finally, the panel held that the district court abused its discretion in denying defendants' motion for attorneys' fees under 17 U.S.C. 505, and remanded for the calculation of the award. View "Tresóna Multimedia, LLC v. Burbank High School Vocal Music Ass'n" on Justia Law
Allen v. Cooper
In 1996, Intersal, a marine salvage company, discovered the shipwreck of the Queen Anne’s Revenge off the North Carolina coast. North Carolina, the shipwreck’s legal owner, contracted with Intersal to conduct recovery. Intersal hired videographer Allen to document the efforts. Allen recorded the recovery for years. He registered copyrights in all of his works. When North Carolina published some of Allen’s videos and photos online, Allen sued for copyright infringement, arguing that the Copyright Remedy Clarification Act of 1990 (CRCA, 17 U.S.C. 511(a)) removed the states’ sovereign immunity in copyright infringement cases. The Supreme Court affirmed the Fourth Circuit, ruling in favor of North Carolina. Congress lacked the authority to abrogate the states’ immunity from copyright infringement suits in the CRCA. A federal court may not hear a suit brought by any person against a nonconsenting state unless Congress has enacted “unequivocal statutory language” abrogating the states’ immunity from suit and some constitutional provision allows Congress to have thus encroached on the states’ sovereignty. Under existing precedent, neither the Intellectual Property Clause, Art. I, section 8, cl. 8, nor Section 5 of the Fourteenth Amendment, which authorizes Congress to “enforce” the commands of the Due Process Clause, provides that authority. View "Allen v. Cooper" on Justia Law
Daniels v. The Walt Disney Co.
The Ninth Circuit affirmed the district court's dismissal of plaintiff's action alleging copyright infringement by the Disney movie Inside Out of plaintiffs' characters called The Moodsters. After plaintiff developed The Moodsters, anthropomorphized characters representing human emotions, she pitched to entertainment and toy companies around the country, including The Walt Disney Company. The panel held that, under DC Comics v. Towle, 802 F.3d 1012 (9th Cir. 2015), lightly sketched characters such as The Moodsters, which lack consistent, identifiable character traits and attributes, do not enjoy copyright protection. Furthermore, under Warner Bros. Pictures v. Columbia Broad. Sys., 216 F.2d 945, 950 (9th Cir. 1954), The Moodsters are chessman in the game of telling the story. In this case, the panel applied the alternative "story being told" test and held that The Moodsters as an ensemble are no more copyrightable than the individual characters. Finally, the panel held that the district court did not err in dismissing plaintiff's claim for an implied-in-fact contract where plaintiff was required under California law to do more than plead a boiler-plate allegation, devoid of any relevant details. View "Daniels v. The Walt Disney Co." on Justia Law
Photographic Illustrators Corp. v. Orgill, Inc.
The First Circuit affirmed the district court's grant of summary judgment in favor of Orgill, Inc. in this case alleging copyright infringement claims, holding that a copyright licensee given the unrestricted right to grant sublicenses may do so without using express language. Orgill markets and sells Sylvania lightbulbs. At issue was Orgill's use of Photographic Illustrators Corporation (PIC) photos of Sylvania lightbulbs in Orgill's electronic and paper catalogs. PIC and Sylvania had negotiated a license setting forth the scope of Sylvania's permission to use PIC's photographs of Sylvania lightbulbs, but Sylvania did not tell Orgill that Orgill needed to abide by an attribution restriction in Sylvania's license. PIC sued Orgill and other Sylvania dealers and distributors claiming copyright infringement. The district court determined that Orgill had a sublicense from Sylvania to use the photos and rejected PIC's argument that sublicensee of copyrights are ineffective absent language expressly granting permission to use the copyrighted work. The First Circuit affirmed, holding (1) where a licensor grants to a licensee the unrestricted right to sublicense and permit others to use a copyrighted work, a sublicense may be implied by the conduct of the sublicensor and sublicensee; and (2) a reasonable jury could have found that Sylvania granted an implied sublicense to Orgill. View "Photographic Illustrators Corp. v. Orgill, Inc." on Justia Law
Skidmore v. Zeppelin
The estate of guitarist Randy Wolfe filed suit claiming that Led Zeppelin copied portions of Taurus, a song written by Wolfe and performed by his band Spirit, in Led Zeppelin's opening notes of Stairway to Heaven. The en banc court affirmed the district court's judgment after a jury trial in favor of Led Zeppelin, holding that the 1909 Copyright Act, which does not protect sound recordings, controlled its analysis. In this case, Taurus was an unpublished work registered in 1967. Because the deposit copy defines the four corners of the Taurus copyright, the en banc court held that it was not error for the district court to decline plaintiff's request to play the sound recordings of the Taurus performance that contain further embellishments or to admit the recordings on the issue of substantial similarity. The en banc court also held that plaintiff's complaint on access was moot. The en banc court affirmed the district court's challenged jury instructions; rejected the inverse ratio rule, overruling circuit precedent to the contrary; and held that the district court did not err in its formulation of the originality instructions, or in excluding a selection and arrangement instruction. Finally, the en banc court affirmed the district court with respect to the remaining trial issues and its denial of attorneys' fees and costs to Warner/Chappell. View "Skidmore v. Zeppelin" on Justia Law