Baisden v. I’m Ready Productions, Inc., 693 F.3d 491 (5th Circuit August
31, 2012). Novelist enters into contract
granting exclusive rights to screenplays and limited time for DVD
production/distribution for two novels.
After DVD contract expires, parties enter into oral agreement extending
DVD production/distribution. Novelist
gets movie deal, sues to end oral agreement, claiming copyright
infringement. Jury trial conducted,
jury finds no copyright infringement.
Held: implied nonexclusive license may be proven by totality of the
circumstances. Proper jury instruction
on affirmative defense of a license cured a potentially unclear jury verdict
form, particularly where counsel did not object. Here, novelist agreed to activities,
participated in distribution of DVDs, bought DVDs to resell and accepted
royalty checks. Full performance and
payment of royalties sufficient to remove from statute of frauds 17 U.S.C. §204(a). Trial court’s refusal to permit novelist to
read entire novels to jury or show second two-hour DVD was not reversible error
where testimony regarding similarities and differences was permitted and where
jury had copies of the novels. Trial
court’s refusal to award either party attorneys fees affirmed.
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