No. 19-259

Maron Pictures Ltd. v. Sam Eigen, et al.

Lower Court: California
Docketed: 2019-08-28
Status: Denied
Type: Paid
Tags: berne-convention contributory-copyright-infringement copyright-act copyright-infringement copyright-law copyright-ownership federal-jurisdiction federal-preemption motion-picture motion-picture-rights preemption state-court state-court-jurisdiction statutory-interpretation
Key Terms:
Arbitration ERISA Securities Copyright Patent LaborRelations JusticiabilityDoctri
Latest Conference: 2019-11-08
Question Presented (AI Summary)

How can any state court make conclusions in relation to motion picture rights without referring to the Copyright Act to make a determination?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. How can any state court make conclusions in relation to motion picture rights without referring to the Copyright Act to make a determination? 2. Pursuant to 17 U.S.C. §301(a), if “all legal or equitable rights” that a plaintiff asserts under state law are “rights that are equivalent” to those protected “within the general scope of copyright as specified by section 106” then doesn’t the work involved fall within the “subject matter” of the Copyright Act? 3. How can the State of California stop a Copyright Owner from receiving bi-annual accounting and reporting as legally required by Federal Copyright Law (17 U.S.C §119(b)), and stop him receiving his royalties owed? 4. How can the State of California forfeit a Copyright Owner of his rights pursuant to 17 U.S.C. 106, thus stopping him from exploiting his copyright protected work in the remaining global territories pursuant to 17 U.S.C. 106(3), which is constitutionally protected under The Copyright Act of 1976 and under The Berne Convention Implementation Act of 1988? ii 5. If a court's determination infringes a Copyright protected work as in this case, and precedent cases across all Circuits make the secondary infringer liable for ‘Contributory Copyright Infringement’ if they "[k]n[e]w, or ha[d] reason to know" of direct infringement, then does this make the State of California and/or the judges involved in the previous hearings liable for ‘Contributory Copyright Infringement’? iii PARTIES TO PROCEEDING 1. Maron Pictures Ltd., Plaintiff and Appellant; 2. Sam Eigen, Defendant and Respondent; 38. Mainsail LLC, Defendant and Respondent; 4. Shoreline Entertainment Inc., Defendant and Respondent; iv COMPANY DISCLOSURE STATEMENT Maron Pictures Ltd. has no parent company. Maron Pictures Ltd. is owned by Mark Mahon, who is a sole proprietor, administrator, sole beneficiary and the only creditor of Maron Pictures Ltd. Mark Mahon is also the sole owner and Copyright holder of the motion picture, ‘Strength and Honour’ registered in the U.S. Copyright Office, registration no. PA 1-642297. Mark Mahon is also the registered Copyright owner of the screenplay registered in the U.S. Copyright Office, registration no. TXul-289-556. Mark Mahon’s ownership rights in this matter also fall under the protection of Title 17, United States Code and of The Berne Convention Implementation Act of 1988. v LIST OF PROCEEDINGS IN STATE COURT (listed in descending order) California Supreme Court, Case No. $254768, Maron Pictures v. Eigen, Petition for Review & publication request denied, 05/15/2019. Second Appellate District, Case No. B280738, Maron Pictures Ltd. v. Sam Eigen et al., Opinion filed, Affirmed, 02/15/2019. Los Angeles County Superior Court, Case No. $C120432, Maron Pictures v. Sam Eigen et al., Order granting Motion for Summary Judgment, 12/09/2016. Los Angeles County Superior Court, Case No. $C120432, Maron Pictures v. Sam Eigen et al., Order granting Summary Adjudication in part, 02/10/2016.

Docket Entries

2019-11-12
Petition DENIED.
2019-10-23
DISTRIBUTED for Conference of 11/8/2019.
2019-10-15
Reply of petitioner Maron Pictures Ltd. filed.
2019-10-07
Brief of respondents Sam Eigen et al. in opposition filed.
2019-09-23
Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2019.
2019-09-18
Motion to extend the time to file a response from September 27, 2019 to October 7, 2019, submitted to The Clerk.
2019-05-29
Petition for a writ of certiorari filed. (Response due September 27, 2019)

Attorneys

Maron Pictures Ltd.
Janice Ryan MazurMazur & Mazur LLC, Petitioner
Janice Ryan MazurMazur & Mazur LLC, Petitioner
Sam Eigen
Richard Lehman Breisch CharnleyCharnley Rian LLP, Respondent
Richard Lehman Breisch CharnleyCharnley Rian LLP, Respondent