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4, 2012)(unpublished summary order).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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