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Ruling Clarifies <i>Situs</i> of Injury for Online Infringement Claims

By Shari Claire Lewis

Declaring that the Internet “plays an important role in the jurisdictional analysis in the specific context of this case,” the New York Court of Appeals has ruled that in copyright infringement cases involving the uploading of a copyrighted printed literary work onto the Internet, the situs of injury for purposes of determining long-arm jurisdiction under NY CPLR 302(a)(3)(ii) is the location of the principal place of business of the copyright holder.

The decision in Penguin Group (USA) Inc. v. American Buddha, 2011 N.Y. Slip Op. 2079 (March 24, 2011), is likely to significantly affect the publishing and entertainment industries in their efforts to retain copyright control over online materials, from books to movies, music and other products.

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