Defendant's Attorney: No Appearance

Description: Akron, Ohio intellectual property lawyers represented the Plaintiff who sued the Defendant on 17 U.S.C. 101 a copyright infringement theory.

Strike 3 Holdings LLC is a company that produces pornographic films. Their adult films are published under the subscription sites, such as Slayed.

Copyright is a legal right that protects original works of authorship. This includes literary, dramatic, musical, and artistic works, as well as films, sound recordings, and broadcasts. Copyright gives the owner of the work the exclusive right to reproduce, distribute, perform, display, and create derivative works based on the original work.

What is copyright infringement?

Copyright infringement is the unauthorized use of a copyrighted work without the permission of the copyright owner. This can include copying, distributing, performing, displaying, or creating derivative works based on the original work.

What is 17 U.S.C. § 101?

17 U.S.C. § 101 is the first section of the Copyright Act of 1976. It defines what is considered a "work of authorship" for copyright purposes. The section states that a work of authorship is "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device."

What are the elements of copyright infringement?

To prove copyright infringement, the plaintiff must show that:

The plaintiff owns a valid copyright in the work that is alleged to have been infringed.
The defendant copied the plaintiff's work.
The copying was substantial.

What are the defenses to copyright infringement?

There are a number of defenses to copyright infringement, including:

Fair use: The fair use doctrine allows for the unauthorized use of copyrighted material without permission from the copyright owner under certain circumstances. The four factors that courts consider in determining whether a use is fair are:
The purpose and character of the use
The nature of the copyrighted work
The amount and substantiality of the portion used
The effect of the use upon the potential market for or value of the copyrighted work

First sale: The first sale doctrine allows the owner of a copyrighted work to sell or otherwise dispose of the work without further royalty payments to the copyright owner. However, the first sale doctrine does not allow the owner to make copies of the work.

Independent creation: If a defendant can show that they created their work independently of the plaintiff's work, then there is no copyright infringement.

What are the remedies for copyright infringement?

The remedies for copyright infringement include:

Injunctions: A court can order the defendant to stop infringing the plaintiff's copyright.
Damages: The plaintiff may be entitled to damages for the harm they suffered as a result of the infringement. This may include lost profits, royalties, and attorney's fees.
Impoundment and disposition: A court can order the seizure and disposition of infringing materials.
Criminal penalties: In some cases, copyright infringement is a crime that can result in criminal penalties, including imprisonment.

Conclusion

Copyright law is a complex area of law, and it is important to consult with an attorney if you have any questions about your rights or if you believe that your copyright has been infringed.

Outcome: Report on the Determination [Closing] of an Action Regarding a Copyright (AO121). (Mc,K) (Entered: 11/22/2023)

Plaintiff's Experts:

Defendant's Experts:

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