In an action for copyright infringement, DMCA violation and defamation over critical commentary on creative video posted on YouTube, district court
District court grants dismissal of copyright infringement claim against creators and producers of Modern Family, finding that no reasonable jury could find substantial similarity between plaintiff’s pilot Loony Ben and ABC’s Modern Family.
District Court refuses to dismiss copyright owner’s claims for (1) wrongful assertion of copyright, (2) tortious interference with contract and (3) defamation, arising from defendant’s “take down” notices that allegedly falsely assert a copyright interest in plaintiff’s song.
Court grants in part and denies in part defendant record companies’ motion for leave to file a motion for summary judgment in plaintiff’s action against record companies for, inter alia, abuse of legal process and negligence, relating to record companies’ alleged conduct after they filed a copyright infringement action against plaintiff.
Defendant’s improper takedown notice did not constitute copyright infringement where plaintiff alleged no affirmative copying of its work and defendant’s failure to investigate independently whether a video was infringing prior to sending the takedown notice did not constitute misrepresentation under 17 U.S.C. 512(f).
In this copyright infringement case, the court held that plaintiff’s use of copyrighted photographs was transformative for purposes of fair use, even though the photos were unaltered, because the photos were used for a fundamentally different purpose than that for which they were originally intended.