No. 20-1648

James H. Fischer v. Sandra F. Forrest, et al.

Lower Court: Second Circuit
Docketed: 2021-05-26
Status: Denied
Type: Paid
Amici (1)Response RequestedRelisted (2)
Tags: circuit-split copyright copyright-management-information digital-millennium-copyright-act licensing plain-text-interpretation
Key Terms:
Copyright
Latest Conference: 2021-11-05 (distributed 2 times)
Question Presented (AI Summary)

Whether the name of the author or copyright owner of a copyrighted work is copyright-management-information

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Digital Millennium Copyright Act protects the integrity of copyright management information (“CMI”), a defined term. 17 U.S.C. § 1202(c). Section 1202(c) enumerates eight types of CMI. §1202(c)(1)(8). Pertinent here, Section 1202(c) defines CMI as the “name” of the “author” of a copyrighted work and also as the “name” of the “copyright owner” of a work. §1202(c)(2), (c)(8). Here, an author and copyright owner of a work included his last name in the text of that work. The Second Circuit held that his name in the text was not CMI. Departing from the plain-text approach taken by the Third and Fifth Circuits, the Second Circuit held that being the name of the author or the copyright owner is not sufficient to be CMI. The Second Circuit further required that it be apparent from context that the name is copyright-related. Thus, the questions presented are: 1. Whether the name of the author of a copyrighted work is CMI—or whether it must also be apparent from context that the name is copyright-related. 2. Whether the name of the copyright owner of a copyrighted work is CMI—or whether it must also be apparent from context that the name is copyrightrelated.

Docket Entries

2021-11-08
Petition DENIED.
2021-10-20
DISTRIBUTED for Conference of 11/5/2021.
2021-10-20
Reply of petitioner James H. Fischer filed. (Distributed)
2021-10-01
Brief of respondents Sandra F. Forrest, et al. in opposition filed.
2021-08-11
Motion to extend the time to file a response is granted and the time is extended to and including October 1, 2021.
2021-08-06
Motion to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
2021-08-02
Response Requested. (Due September 1, 2021)
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-06-25
Brief amicus curiae of Information Dignity Alliance filed.
2021-03-15
Petition for a writ of certiorari filed. (Response due June 25, 2021)

Attorneys

Information Dignity Alliance
Edward Francis CunninghamLaw Office of Edward F. Cunningham, Amicus
Edward Francis CunninghamLaw Office of Edward F. Cunningham, Amicus
James H. Fischer
Andrew Benedict GrimmDigital Justice Foundation, Petitioner
Andrew Benedict GrimmDigital Justice Foundation, Petitioner
Sandra F. Forrest, et al.
Daniel Kenneth CahnLaw Offices of Cahn & Cahn, P.C., Respondent
Daniel Kenneth CahnLaw Offices of Cahn & Cahn, P.C., Respondent
Daniel Kenneth CahnLaw Offices of Cahn & Cahn, Respondent