• It’s Not That Hard

    by  • March 14, 2014 • copyright • 2 Comments

    It’s not a hard concept—to bring a copyright infringement lawsuit you have to own a copyright. Nevertheless, getting that right seems to be a challenge sometimes.

    Today’s version of the challenge is ownership of the copyrights for works created by Earl Vernon Biss, Jr., who died in 1998 – here is his biography on one of the defendant websites. Plaintiff Lou Lou Goss is his surviving spouse and sole heir.

    Lou Lou filed the copyright infringement lawsuit in May of 2012, then filed for bankruptcy in October, 2013. The bankruptcy court allowed the bankruptcy claimants to seek a judicial determination from the Colorado state probate court on ownership of the Biss copyrights and any claims arising from the copyrights. The probate court found, based on Lou Lou’s own filings as personal representative of the estate, that the copyright and litigation claims “were and remained property of [Biss’s] Probate Estate subject to probate administration, including the claims of creditors and the costs and expenses of probate administration.” The probate court then authorized a sheriff’s levy on the copyright and litigation claims for execution sales to satisfy creditors’ claims.

    So simply enough, if the copyrights were part of Biss’ probate estate, Lou Lou didn’t own them. Which means she didn’t have standing and her copyright infringement case was dismissed.

    Goss v. Zueger, Civ. No. 1:21-cv-01424-DME-BNB (D. Colo. March 7, 2014).

    2 Responses to It’s Not That Hard

    1. Almost but not really
      May 1, 2014 at 10:59 pm

      Its not that simple, if you are interested its ongoing. First the filing in probate lacks standing as a judicial admission.
      zueger is estoppel from stating they are in the probate estate, as he has indicated in too many admissions to count. The claim of copyright was dropped using a previous order from the probate court and false statements to the federal court.
      Next the probate court did not authorize the sale another district court did, against the automatic stay of bankruptcy and last but not least the creditor did not make the time cut off for their claim.
      I assume you know the Zuegers or something?

    2. Pamela Chestek
      May 1, 2014 at 11:12 pm

      I don’t know either party, I just report on legal decisions.

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