Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?

Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent "unpublished" Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.

12 minute readOctober 01, 2020 at 12:13 AM
By
Alan Friedman
Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?

Federal district courts in the U.S. Courts of Appeals for the Second and Ninth Circuits have regularly granted Rule 12(b)(6) dismissals of copyright infringement lawsuits against motion pictures and other

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