copyright
Copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something.
Copyright Act
Kirtsaeng v. John Wiley & Sons, Inc.
Issues
When considering whether to award attorneys’ fees in a copyright action, should district courts place substantial weight on the objective reasonableness of the losing party’s position over other equitable factors?
In 2013, the Supreme Court decided in favor of Supap Kirtsaeng in a copyright infringement action brought by publisher John Wiley & Sons (“Wiley”), reversing the lower courts and remanding for an order in compliance with the opinion. On remand in the district court, Kirtsaeng petitioned for costs and attorneys’ fees. Although 17 U.S.C. § 505 empowers a district court in its discretion to award costs and attorneys’ fees, the court denied the petition and reaffirmed the circuit precedent assigning more weight to one factor in the equitable discretion analysis over all others. Here, the Supreme Court will provide a non-exclusive list of factors a district court should consider in a § 505 equitable discretion analysis and determine whether any of those factors, such as the objective reasonableness of the losing party’s position, should be assigned substantial weight. Kirtsaeng argues that placing substantial weight on any one factor risks compromising the discretion granted to the district court by the statute. Alternatively, Wiley argues that a district court in its discretion can assign more weight to the objective reasonableness of the defeated party’s position without defying § 505. This case will clarify the approach a district court should take in a § 505 equitable discretion analysis.
Questions as Framed for the Court by the Parties
Did the Second Circuit err in adopting a standard that emphasizes the objective reasonableness of the losing party’s position over all other factors, which unduly limits district court discretion and systematically favors copyright plaintiffs?
Supap Kirtsaeng, a Thai student who studied at American universities for several years, noticed during his studies that his American textbooks cost much more than the identical foreign editions available abroad. See John Wiley & Sons, Inc. v. Kirtsaeng, 654 F.3d 210, 212–13 (2d Cir.
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Additional Resources
- Gary Shapiro, Supreme Court Gives American Consumers Victory Over Copyright Owners in Kirtsaeng vs. John Wiley & Sons, Forbes (March 20, 2013).
- Bill Donahue, Justices Set to Clean Up Attorneys’ Fees in Copyright Case, Law360 (January 20, 2016).
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Reed Elsevier v. Muchnick
Issues
Whether the registration requirement contained in § 411(a) of the Copyright Act is jurisdictional, denying district courts jurisdiction over claims arising from the infringement of unregistered copyrights.
Freelance writers, led by Letty Cotton Pogrebin, brought a class action lawsuit against publishers, led by Reed Elsevier, Inc., for copyright infringement, claiming that the publishers electronically reproduced their works without authorization. The majority of the claims in the class related to alleged infringements of unregistered copyrights. With the approval of the District Court, the parties settled the lawsuit. The Second Circuit held, pursuant to 17 U.S.C. § 411(a), that the District Court lacked subject matter jurisdiction to certify a class or to approve a settlement with respect to claims arising from unregistered copyrights. The Supreme Court’s interpretation of § 411(a) will determine whether claims relating to unregistered copyrights can be settled in class actions along with claims arising from registered work. An affirmation of the Second Circuit’s opinion may make settlements more difficult.
Questions as Framed for the Court by the Parties
Does 17 U.S.C. § 411(a) restrict the subject matter jurisdiction of the federal courts over copyright infringement actions?
Petitioners, Reed Elsevier, Inc., et al. (“Reed Elsevier”), are publishers of electronic content, such as the New York Times Co. and archival database operators, such LexisNexis. See Brief for Petitioners, Reed Elsevier Inc., et al.
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Additional Resources
· Civil Procedure and Federal Courts Blog, Law Professor Blogs Network: Case of Interest--Reed Elsevier v. Muchnick
· NY Times: Supreme Court to Revisit a Case on Breach of Copyright
· Wired: Supreme Court to Hear Freelance Writers' Settlement
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