The Third Circuit held that, in an action brought in 2004 for copyright infringement, where the defendant is found to be liable for copyright infringement dating back to 1992, the court may assess pre-judgment interest against the defendant
In a copyright infringement action, the Third Circuit holds that a written memorandum need not be contemporaneous to validate a prior oral transfer of a copyright, but rules that there must be extrinsic evidence demonstrating that the prior oral transfer actually took place.
Court holds that prejudgment interest is appropriate in this case because it provides full compensation to the plaintiff and acts as a deterrent to willful copyright infringement; court calculates prejudgment interest from the date the infringement began, not the date plaintiff learned of the infringement.
District court grants summary judgment holding that defendant’s reproduction of several graphic works, originally used as monster magazine covers by plaintiff, in a book retrospective of an artist’s career is a fair use based on finding that defendant’s use is transformative because the purpose of a retrospective of an artist’s work has a different purpose than magazine covers that are intended to sell copies of the magazine
The court granted summary judgment for defendants, dismissing plaintiff’s copyright infringement suit.
Addressing an issue of first impression for the court, the U.S. Court of Appeals for the Third Circuit held that the discovery rule governs the accrual of claims under the Copyright Act, which has a three-year statute of limitations.
The district court denied defendant Howard Stern Productions’ motion to dismiss plaintiff’s vicarious copyright infringement claim, but granted defendant’s motion to dismiss plaintiff’s contributory infringement and state law unjust enrichment and conspiracy claims.