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| www.radioisla1320.com |
Music licensing organization asserted copyright infringement claims
against “Radio Isla” in Puerto Rico. The
district court found collateral estoppel on certain songs barred some claims
that LAMCO had previously litigated and lost.
Other ownership claims were submitted to the jury, some after the
district court had ruled on summary judgment at trial. LAMCO lost on all claims, and appealed the
district court’s referral of the ownership issue to the jury. Because the pretrial order asserted that
ownership was a contested issue at trial and because LAMCO did not object to a
special jury verdict form that asked the jury to decide the question, the
ownership issue was properly before the court.
On several songs, the First Circuit affirmed LAMCO’s claims for failure
to prove registration. Instead of
proving copyright registration of individual songs, LAMCO’s registration
certificates only reflected a recording of an assignment to rights in the
songs. Accordingly, it was held that
this was insufficient proof of a registration of the copyright in the
underlying works.
Click here to read Judges Torruella, Howard, and Thompson's decision.
www.dunnington.com
Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
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