Property, intangible

a blog about ownership of intellectual property rights and its licensing

What Doesn’t Work for Copyright Standing

Screen Media Ventures filed a copyright infringement suit against BitTorrent downloaders of the movie “Infected” and sought leave to subpoena internet service providers for subscriber information. Screen Media claimed this language gave it enough ownership interest to have standing for the claim:

[Screen Media is authorized] by itself, or in the name of Infected LLC as required by law, or through an appropriate anti-piracy organization to undertake such actions as Screen Media Ventures LLC believes necessary or appropriate to protect against piracy of any of the licensed rights in the “INFECTED” throughout the territory for the agency period and any applicable distribution term, as set out in the agency agreement. Such actions may include registering the motion picture or recording any documents with governmental authorities, sending or having cease and desist letters and notices of infringement sent, and bringing, prosecuting, defending and appearing in all suits, actions and proceedings concerning any piracy, infringement or misappropriation of any of the licensed rights in the motion picture throughout the territory during the agency period or any applicable distribution term.

Not good enough, according to the court.

Screen Media Ventures, LLC v. Does 1-48, No. 9:13-cv-845 (S.D. Ohio Sept. 23, 2013).

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