Attorney Deadline: Sept 5 Federal Bar Association First Circuit Court of Appeals Admissions Ceremony in Providence RI

Join us at the Federal Bar Association Annual Convention in Providence Rhode Island September 4-6 and make sure you get your paperwork done NOW for the Swearing In Ceremony for the United States Court of Appeals for the First Circuit.  More info www.fedbar.org.

Here are the instructions:

Attendees may also sign up to participate in the Swearing in Ceremony for the U.S. Court of Appeals for the First Circuit with Senior Judge Bruce M. Seyla on Friday, Sept. 5 at 8:00 a.m. Applicants to be sworn in to the U.S. Court of Appeals for the First Circuit should complete and submit their application through the CM/ECF portal at http://www.ca1.uscourts.gov/attorney-admissions. When asked whether you wish to be sworn-in in person, answer, “yes.” Applicants should request a certificate of good standing from their local bar, and arrange for a sponsor in advance.


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 

Copyright Law - First Circuit - Shoud Winning Defendant Architects Who Built The Dream House Get Attorneys Fees in Copyright Infringement Cases?

T-Peg, Inc. v. Vermont Timber Works, Inc., 669 F.3d 59 (1^st Cir. 2012). 



Timbers at Sunrise from www.vermonttimberworks.com

In 1999, Stan Isbitski wanted to build his dream home in New Hampshire. T-Peg drew up a preliminary design and then worked with Stan and updated the design and registered the updated design in May 2001.  Meanwhile, Stan showed the unregistered preliminary design to Vermont Timber Works which completed its updated design in 2002.  The dream home was sold to Mr. Dupee before it was fully constructed, at which time T-Peg sued, seeking $66,000 in damages.  The district court dismissed the case finding that no reasonable jury could conclude that the designs were substantially similar.  An earlier First Circuit panel reversed and remanded to permit proof of copying.  The jury found against plaintiff.  Prevailing Defendant sought over $200,000 in attorneys fees.  The court, applying 17 U.S.C. §505 exercised its discretion to award only $35,000 in attorneys fees.  The First Circuit affirmed the trial court’s application of the discretionary factors district judges are to apply in awarding attorneys fees in copyright cases set forth in Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994).

To read Judges Torruella, Thompson, and Saris' decision, click here.




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
 

Copyright Law - First Circuit - Can You Prove You Own That Song?

 Latin American Music Co., Inc. v. Media Power Group, Inc., 705 F.3d 34 (1^st Cir. 2013).

 

 

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