Articles Posted in U.S. Court of Appeals for the Eleventh Circuit

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Flo & Eddie, a California corporation, filed suit against Sirius, a satellite and internet radio provider, claiming that Sirius violated Flo & Eddie’s rights as owner of sound recordings of musical performances that were fixed before February 15, 1972. Because the issues in this case have not been addressed by the Supreme Court of Florida, the court certified the following questions to that state court: 1. Whether Florida recognizes common law copyright in sound recordings and, if so, whether that copyright includes the exclusive right of reproduction and/or the exclusive right of public performance? 2. To the extent that Florida recognizes common law copyright in sound recordings, whether the sale and distribution of phonorecords to the public or the public performance thereof constitutes a “publication” for the purpose of divesting the common law copyright protections in sound recordings embedded in the phonorecord and, if so whether the divestment terminates either or both of the exclusive right of public performance and the exclusive right of reproduction? 3. To the extent that Florida recognizes a common law copyright including a right of exclusive reproduction in sound recordings, whether Sirius’s back-up or buffer copies infringe Flo & Eddie’s common law copyright exclusive right of reproduction? 4. To the extent that Florida does not recognize a common law copyright in sound recordings, or to the extent that such a copyright was terminated by publication, whether Flo & Eddie nevertheless has a cause of action for common law unfair competition/misappropriation, common law conversion, or statutory civil theft under FLA. STAT. 772.11 and FLA. STAT. 812.014? View "Flo & Eddie v. Sirius SM Radio" on Justia Law

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Rapper and philanthropist Prakazrel Michel, and founding member of the Fugees, filed a defamation suit alleging that an article published about him in the New York Post's Page Six gossip column claimed that he failed to perform as expected as the headliner at a 9/11 charity event for the Hope for Them Foundation with which he was purportedly affiliated. Michel contends that the article defamed him because he had no connection to the Foundation and had not been scheduled to perform at the event. The district court dismissed the claims with prejudice. This court also dismissed the complaint, but for different reasons. The court concluded that the article is not privileged against a defamation action because a reasonable reader of the article would have concluded that it presented statements of fact (not just nonactionable opinion). However, Michel has failed to state a claim because he did not adequately plead facts giving rise to a reasonable inference that defendants published the article with actual malice. Accordingly, the court affirmed the dismissal but entered the dismissal without prejudice, giving leave to amend. View "Michel v. NYP Holdings, Inc." on Justia Law

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The Institute filed the underlying complaint, alleging claims for unjust enrichment, right of publicity, and misappropriation under Michigan common law for Target’s sales of all items using the name and likeness of Rosa Parks. The district court dismissed the complaint. The court concluded that Target's use of Rosa Parks’s name and likeness in the books, movie, and plaque is necessary to chronicling and discussing the history of the Civil Rights Movement. These matters are quintessentially embraced and protected by Michigan’s qualified privilege. Michigan law does not make discussion of these topics of public concern contingent on paying a fee. Therefore, all six books, the movie, and the plaque are protected under Michigan’s qualified privilege protecting matters of public interest. Accordingly, the court affirmed the judgment. View "Rosa and Raymond Parks Inst. for Self Dev. v. Target Corp." on Justia Law