30 results for 'cat:"Civil Procedure" AND cat:"Copyright"'.
J. Kagan finds that the circuit properly held that copyright infringement claims allow copyright owners to obtain monetary relief for damages in timely filed claims, and thus the three-year limit for filing the action did not limit damages to three years. Affirmed.
Court: US Supreme Court, Judge: Kagan, Filed On: May 9, 2024, Case #: 22-1078, Categories: civil Procedure, copyright, Damages
J. McCalla grants the plaintiff company leave to serve a third-party subpoena in order to "ascertain defendant's identity" in this copyright infringement lawsuit alleging that the anonymous defendant illegally distributed 34 of plaintiff's adult motion pictures. The company cannot determine the defendant's identity "beyond his IP address." The motion is granted but with certain protective conditions.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: May 2, 2024, Case #: 2:24cv2068, NOS: Copyrights - Property Rights, Categories: civil Procedure, copyright
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J. Brennan denies the graphic designer's motion to amend her complaint, ruling she not only failed to comply with the court's deadline for such a motion, but also fails to show good cause why the deadline should be extended, other than the candy company's alleged failure to timely provide discovery responses, which she could have addressed sooner and with motions to compel.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 22, 2024, Case #: 1:23cv2305, NOS: Copyrights - Property Rights, Categories: civil Procedure, copyright, Discovery
J. Cooper denies the travel company's motion to dismiss the photographer's suit alleging that it copied and shared her videos and photographs from her Instagram account without her permission, and grants the photographer's motion for leave to file a third amended complaint. The photographer's proposed third amended complaint cures the pleading defects the travel company points out in its motion to dismiss, namely a lack of specificity in the dates of alleged infringement, and, accepting as true her claimed dates of discovery of the infringement, her claims are not time-barred. Instagram's policies also did not unambiguously grant the travel company the right to share the photographer's copyrighted works.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 9, 2024, Case #: 1:23cv1528, NOS: Copyrights - Property Rights, Categories: civil Procedure, copyright
J. Trauger partially grants the dismissal motion filed by X Corp. in this lawsuit concerning copyrighted works being posted on the company's social media platform, which was formerly known as Twitter. The plaintiff music publisher's claims for direct and vicarious infringement will be dismissed in their entirety, though the court will allow it to proceed with certain parts of its contributory infringement claim, including an allegation that X Corp. "enforces its copyright policies less stringently" against its verified users.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 5, 2024, Case #: 3:23cv606, NOS: Copyrights - Property Rights, Categories: civil Procedure, copyright
J. Rodriguez rules for a principal accused of using a teacher's materials to publish an article in a magazine without permission. The publication had been sent to faculty in a January 2011 email, but the teacher did not file the complaint until more than three years later. Further, correspondence with the principal in 2010 indicates the teacher knew he was working on an article for the magazine.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: July 27, 2023, Case #: 1:19cv14572, NOS: Copyrights - Property Rights, Categories: civil Procedure, copyright
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 29 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv11180, NOS: Copyrights - Property Rights, Categories: civil Procedure, copyright
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 36 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv10942, NOS: Copyrights - Property Rights, Categories: civil Procedure, copyright