FIRM OBTAINS VICTORY FOR NON-PROFIT ORGANIZATION
Shareholder Mike Stoberski and Senior Associate Chris Richardson scored a victory in favor of a small Non-Profit Company which was being sued for alleged copyright infringement. The Center for Intercultural Organizing (CIO) educates its members on national issues involving immigration. After posting an article on its website from a Las Vegas Review Journal newspaper story, an entity named Righthaven filed suit without warning claiming ownership of the copyrights to the story, and alleging improper use by CIO.
Mike and Chris successfully obtained summary judgment and Federal District Court Judge Mahan found that the posting of the story was not an infringement and was protected under the Fair Use Doctrine. After Righthaven’s appeal to the 9th Circuit, in another case, a Nevada Federal District Court Judge found that Righthaven could not prove it had exclusive ownership of the copyrighted material, and only partially owned the copyrights upon which it was suing.
A motion to dismiss pointing out that Righthaven lacked any standing to sue CIO or appeal the District Court’s decision was granted by the 9th Circuit, and the costs incurred in defending Righthaven’s appeal were awarded to CIO.
Many thanks to Charles C. Hewitt with Alliance Member Services for referring this matter to us, and to The Harmonie Group for introducing Chuck Hewitt to the organization.