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First Circuit Finds Infringement in TV Sitcom
The U.S. Court of Appeals for the First Circuit decided that actor Emmanuel “Sunshine” Logro'o and a TV production in which he was a principal infringed on the copyright for the plaintiff production company's TV situation comedy. TMTV Corp. v. Mass Productions Inc., 09-1439. In addition to substantial similarity, the case involved issues of authorship, work for hire and a reduction in infringement damages.
Logro'o had been approached in 1997 by TMTV's predecessor-in-interest to co-host a new variety show, De Noche con Iris y Sunshine, for broadcast in Puerto Rico. The actor then met with scriptwriters Roberto Jim'nez and Miguel Morales. Jim'nez raised the idea of creating a sitcom segment, which became “Pisos de Historia” about condominium residents. Logro'o asked Jim'nez and Morales to write the first several episodes. In 1999, Logro'o left the TV show to star in another program, El Condominio, made by his company Mass Productions and broadcast by a Televicentro affiliate. TMTV responded by suing Logro'o and Mass Productions for infringement. The U.S. District Court for the District of Puerto Rico granted summary judgment to TMTV. (TMTV sued Televicentro separately, settling through payment of $700,000 of Televicentro's profits to TMTV.)
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