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Date: 05-12-2023
Case Style:
Case Number: 1:23-CV-475
Judge: Jennifer H. Rearden
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney:
Defendant's Attorney: Vivian Rivera Drohan
Description: New York City, New York intellectual property lawyer represented Plaintiff, who sued Defendant on a copyright infringement theory.
Copyright infringement is the use of copyrighted material without the permission of the copyright owner. Copyright infringement can take many forms, including:
Copying or distributing a copyrighted work without permission.
Performing or displaying a copyrighted work without permission.
Creating a derivative work of a copyrighted work without permission.
Uploading or downloading copyrighted material from the internet without permission.
Copyright infringement is a serious offense. If you are caught infringing on someone's copyright, you could be sued for damages. The amount of damages that you could be liable for will depend on the severity of the infringement and the profits that the copyright owner lost as a result of the infringement.
There are a few defenses to copyright infringement. One defense is that you had a good faith belief that the material was not copyrighted. Another defense is that you used the material for fair use purposes. Fair use is a legal doctrine that allows you to use copyrighted material without permission for certain limited purposes, such as criticism, commentary, news reporting, or research.
If you are accused of copyright infringement, it is important to speak with an attorney as soon as possible. An attorney can help you to understand your rights and options and can represent you in court if necessary.
Here are some specific examples of copyright infringement:
Copying a song from a CD and giving it to a friend.
Uploading a movie to a file-sharing website.
Scanning a book and posting it on the internet.
Creating a website that uses copyrighted images without permission.
Copyright infringement is a serious offense, and it is important to be aware of the law. If you are unsure whether or not your actions constitute copyright infringement, it is always best to err on the side of caution and seek permission from the copyright owner before using their material.
Outcome: 05/12/2023 12 ORDER OF DISMISSAL: The Court, having been advised at ECF No. 11 that the parties have reached a settlement in principle, hereby ORDERS that the above entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 6.A of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/12/2023) (kv) (Entered: 05/12/2023)
05/12/2023 13 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 5/12/2023 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (Attachments: # 1 order).(kv) (Entered: 05/12/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: