10 results for 'cat:"Copyright" AND cat:"Evidence"'.
J. Scarsi denies all of the assisted living company's post-judgment motions for the architectural photographer's complaint that the company acquired several senior living facilities from non-party Atria Management Company and then made unauthorized use of 43 of the photographers' copyrighted photographs from when Atria hired him to take pictures of the facilities. The assisted living company argues that judgment as a matter of law is appropriate for 38 of the photos because the photographer does not prove that it posted 16 of the photos on its website after receiving the March 2021 infringement notice, but there is enough circumstantial evidence to suggest such a thing, and the assisted living company did not properly challenge this claim during the trial.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 7, 2024, Case #: 2:22cv6989, NOS: Copyrights - Property Rights, Categories: copyright, evidence
J. Seabright denies reconsideration and a motion to stay an order to quash issued against owners of a copyrighted film that subpoenaed the communications company for its subscribers’ information. The communications company merely assigning IP addresses to its users does not constitute a referral to copyrighted material nor does not preventing its routing or filtering equal transmitting the material. Because the communications company has previously worked with the owners and committed to preserving the information regardless of subpoenas or quashes, staying is not necessary.
Court: USDC Hawaii, Judge: Seabright, Filed On: April 26, 2024, Case #: 1:23cv426, NOS: Other Contract - Contract, Categories: Communications, copyright, evidence
J. Baker recommends granting default judgment to a photographer and awarding him $15,000 in damages on his copyright claim against a night club that unlawfully used his photo of an Army captain in doctor’s clothes to advertise its “Medic Strippers” event. The club failed to timely respond to the action and the photographer makes sufficient allegations to support his claims.
Court: USDC Eastern District of California, Judge: Baker, Filed On: April 4, 2024, Case #: 1:22cv565, NOS: Copyrights - Property Rights, Categories: copyright, evidence
J. Sutton finds that while the language and format of the powertrain warranty certificate may be mundane, the certificate is still entitled to copyright protection. Its crafting was the result of a de minimis level of creativity and involved a distinct arrangement of necessary elements; therefore, the lower court properly awarded the copyright holder's motion for summary judgment and damages from the competitor who duplicated the certificate for its own benefit. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: February 26, 2024, Case #: 23-3394, Categories: copyright, evidence, Warranty
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J. Arterton denies the academic resource website's motion to dismiss, ruling the educational material creator has plausibly alleged a copyright notice and watermark violation based on the proximity of the website's copyright to protected materials included on the website for educators. The language in the notice and watermark section of the Digital Millennium Copyright Act is meant to be interpreted as broadly as possible, especially at the pleading stage, and so the website's copyright being located on the same page as the materials it does not own and did not create is sufficient for the claim to proceed.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 28, 2023, Case #: 3:21cv1242, NOS: Copyrights - Property Rights, Categories: copyright, Education, evidence
J. McDonough grants the sports bar defendants' motion for reconsideration and partially grants their motion for sanctions, which seeks the exclusion of certain documents for the "alleged failure to timely disclose this evidence." The court also grants partial summary judgment in favor of the promoter, as to the issue of liability for copyright infringement in this dispute involving the broadcast of a boxing match.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: July 25, 2023, Case #: 3:20cv382, NOS: Cable/Sat TV - Other Suits, Categories: copyright, evidence, Sanctions