Friday, July 05, 2013

Copyright Law - Second Circuit: Brother Not Joint Author

Video, Joint Authorship, Copyright Infringement

Marshall v. Marshall, 2012 WL 6013418 (Second Circuit December 4, 2012)(unpublished summary order).   Brothers not joint authors of video.  Party claiming joint authorship must show (1) independently copyrightable contribution and (2) intent to be joint authors.  Plaintiff established (1) but could not establish that he was considered anything more than an assistant and evidence showed that Defendant had sole authorship and control over all creative aspects.  Award of attorneys fees affirmed because of willfulness of conduct or reckless disregard that his legal theory was incorrect.
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