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Copyright Infringement/Substantial Similarity
The U.S. Supreme Court declined to review a decision by the U.S. Court of Appeals for the Sixth Circuit that copyrightable elements of a defendant's work created before access to a plaintiff's work should be filtered of the substantial-similarity analysis. Murray Hill Publications Inc. v. Twentieth Cenury Fox Film Corp., 04-370.
The U.S. Court of Appeals for the Ninth Circuit held that under Mexican law, the producer of a film is its “author.” Laparade v. Morenoivanova, 03-55238. In doing so, the Ninth Circuit embraced a similar ruling by the U.S. Court of Appeals for the Fifth Circuit in Alameda Films SA de CV v. Authors Rights Restoration Corp., 331 F.3d 472, cert. denied, 124 S. Ct. 814 (2003). The Ninth Circuit case grew out of differing claims to the copyright ownership of 34 Spanish-language films for the purpose of the restoration of U.S. copyrights under 17 U.S.C. Sec. 104A(b) to eligible foreign work in the U.S. public domain.
Film and TV/Piracy
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