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11th Circuit Rules for Stephen King In Suit Over Dark Tower Series
Vincent Cox of Ballard Spahr in Los Angeles and Scott Ponce of Holland & Knight in Miami prevailed recently in the U.S. Court of Appeals for the Eleventh Circuit, defending several powerful entities in a copyright infringement action. Cox and Ponce defended six clients, including horror novelist Stephen King, New York-based publisher Simon & Schuster and Marvel Entertainment LLC.
The lawyers said one of the main hurdles in the case was taking the time to compare characters portrayed in works of fiction. "Sometimes copyright cases involve works such as photographs or songs that can be quickly experienced and compared. That was not this case," Cox stated in an email. "Much time had elapsed between the underlying creative events and the filing of the suit. There was also an exceptional volume of literary and visual material alleged to infringe, and to be infringed." DuBay v. King, 19-11224.
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